From Casetext: Smarter Legal Research

Windmuller v. Pope

Court of Appeals of the State of New York
Dec 6, 1887
107 N.Y. 674 (N.Y. 1887)

Summary

In Windmuller v. Pope (107 N.Y. 675) the defendants, before the time that the goods sold were to be delivered, notified the plaintiffs that they would not receive or pay for the goods, and if brought to New York they would do so at their own peril, and that they had better stop at once attempting to carry out the contract.

Summary of this case from Brakarsh v. Brown

Opinion

Argued October 24, 1887

Decided December 6, 1887

Carlisle Norwood, Jr., and W.W. Niles, for appellants.

Bernard Roelker and Cephas Brainerd, for respondents.



Per Curiam opinion for affirmance.

All concur.

Judgment affirmed.


Summaries of

Windmuller v. Pope

Court of Appeals of the State of New York
Dec 6, 1887
107 N.Y. 674 (N.Y. 1887)

In Windmuller v. Pope (107 N.Y. 675) the defendants, before the time that the goods sold were to be delivered, notified the plaintiffs that they would not receive or pay for the goods, and if brought to New York they would do so at their own peril, and that they had better stop at once attempting to carry out the contract.

Summary of this case from Brakarsh v. Brown
Case details for

Windmuller v. Pope

Case Details

Full title:LOUIS WINDMULLER et al., Respondents, v . THOMAS J. POPE et al., Appellants

Court:Court of Appeals of the State of New York

Date published: Dec 6, 1887

Citations

107 N.Y. 674 (N.Y. 1887)
12 N.Y. St. Rptr. 292

Citing Cases

Kelly v. Security Mutual Life Ins. Co.

) In other states and in the Federal courts the principle is adopted but applied with caution. ( Roehm v.…

Goldfarb v. Campe Corporation

Four days after the delivery date for the first two cases and before the plaintiffs would have been entitled…