BUYER v. MERCURY TECH. CLOTH & FELT CORP.


301 N.Y. 74 (1950)

Alex Buyer et al., Copartners Doing Business under the Name of Buyer Silk Manufacturing Co., Respondents, v. Mercury Technical Cloth and Felt Corporation, Appellant.

Court of Appeals of the State of New York.

Decided May 25, 1950


Attorney(s) appearing for the Case

Max Shlivek and Saul S. Brin for appellant.

Samuel Rubin and Seymour J. Ugelow for respondents.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.


FROESSEL, J.

In an action founded on a contract for the sale of a quantity of bleached white lawn, plaintiffs-buyers allege defendant-seller's breach in failing to deliver in accordance with the terms of the contract. Defendant concedes nondelivery, but urges that the trial court erred in charging the jury that the contract sued on was not rescinded or cancelled, and only the time for delivery was extended. We...

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