Logourl black
From our private database of 14,200+ case briefs...

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

Issue

Holding and Reasoning (Lehman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.