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Jungmann & Co., Inc. v. Atterbury Brothers, Inc.

Court of Appeals of New York
163 N.E. 123 (1928)


Facts

Jungmann & Co., Inc. (Jungmann) (plaintiff) contracted to sell thirty tons of casein to Atterbury Brothers, Inc. (Atterbury) (defendant). The casein was to be delivered in two shipments of 15 tons each via ship to Atterbury. Immediately upon shipment of goods, the contract required Jungmann to provide notice of the shipment to Atterbury via cable. Jungmann made its first shipment of casein to Atterbury on June 9, 1923. Jungmann did not provide any notice of the shipment to Atterbury. Atterbury refused to accept this shipment on June 20, 1923. On June 23rd, Jungmann informed Atterbury via letter that it was planning to ship the 30 tons of casein on a ship that would sail on June 26th. Jungmann did not provide notice of the shipment to Atterbury via cable. When the 30 tons of casein arrived, Atterbury refused to accept the delivery or to pay Jungmann. Jungmann brought suit in New York state court against Atterbury seeking to enforce the contract.

Rule of Law

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Holding and Reasoning (Lehman, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
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