T. W. Oil, Inc. v. Consolidated Edison Co.
Court of Appeals of New York
443 N.E.2d 932 (1982)
T.W. Oil, Inc. (T.W.) (plaintiff) purchased a cargo of oil, the sulfur content of which was represented as no greater than 1%. While the shipment was en route, T.W. received a certificate from the refinery at which the oil been processed identifying the sulfur content as 0.52%. T.W. then entered into a contract with Consolidated Edison Co. (Edison) (defendant) for sale of the oil. The contract listed the sulfur content at 0.5%. T.W. also learned that Edison was authorized to use oil with a sulfur content of up to 1%. When the shipment arrived, testing revealed the sulfur content as 0.92%, and Edison rejected the shipment. When negotiations to adjust the price failed, T.W. offered to cure the defect with a conforming shipment, but Edison rejected the offer, and T.W. brought suit for breach of contract. Edison appealed a judgment for .T.W.
Rule of Law
Holding and Reasoning (Fuchsberg, J.)
What to do next…
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.
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 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.