Hyperlawhypertext legal database Empire Lighting Fixture Co. v. Cutler 196 A.D. 924

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Empire Lighting Fixture Co. v. Cutler

196 A.D. 924 Court N.Y. App. Div. English

Decision Majority · Dissent — Page, J. (dissenting):

Contents
p. 924
Empire Lighting Fixture Co., Inc., Respondent, v. Samuel Cutler, Paul Cutler and Philip Cutler, Appellants.

Headnote

Sales — delivery — modification of contract — default of defendant.
Appeal from judgment of the Supreme Court, New York county, entered upon verdict and from an order denying motion for a new trial.

Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Smith, Page and Greenbaum, JJ.; Page, J., dissenting.

I dissent from the affirmance of this judgment, on the ground that the documentary evidence -establishes a modification of the contract as to the place of delivery from New York city to Perth Amboy, N. J., and, therefore, a tender of performance according to the terms of the original did not prove an offer to perform and put the defendants in default.