John H. Knox, Inc. v. Continental Casualty Co.

Appellate Division of the Supreme Court of New York

John H. Knox, Inc. v. Continental Casualty Co.

32 A.D.2d 607, 299 N.Y.S.2d 68, 1969 N.Y. App. Div. LEXIS 4285

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 3, 1969

StatusPublished

This text of 32 A.D.2d 607 (John H. Knox, Inc. v. Continental Casualty Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John H. Knox, Inc. v. Continental Casualty Co., 32 A.D.2d 607, 299 N.Y.S.2d 68, 1969 N.Y. App. Div. LEXIS 4285 (N.Y. Ct. App. 1969).

Pincite

Opinion

Judgment unanimously affirmed, with costs. Memorandum: When, on August 5, 1965, plaintiff declared its subcontractor Phillips Cooling Tower Company in default and terminated its contract and thereafter treated the materials fabricated by Phillips as Phillips’ property it .thereby rejected such material and title thereto was thereupon revested in Phillips by operation of law (Uniform Commercial Code, § 2-401, subd. [4]). Title to the material having revested in Phillips there was no performance by it to be completed and a new contract for the whole job was required. (Appeal from judgment of Erie Trial Term in action on performance bond.) Present—Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.

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Judgment unanimously affirmed, with costs. Memorandum: When, on August 5, 1965, plaintiff declared its subcontractor Phillips Cooling Tower Company in default and terminated its contract and thereafter treated the materials fabricated by Phillips as Phillips’ property it .thereby rejected such material and title thereto was thereupon revested in Phillips by operation of law (Uniform Commercial Code, § 2-401, subd. [4]). Title to the material having revested in Phillips there was no performance by it to be completed and a new contract for the whole job was required. (Appeal from judgment of Erie Trial Term in action on performance bond.) Present—Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.

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Bluebook (online)

32 A.D.2d 607, 299 N.Y.S.2d 68, 1969 N.Y. App. Div. LEXIS 4285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-h-knox-inc-v-continental-casualty-co-nyappdiv-1969.