Stone v. Eckley — 239 N.Y. 536

Majority

p. 536

Jesse I. Stone, Respondent, v. Earnest R. Eckley, Appellant.

Headnote

Contract — tender — action to recover for breach of contract — sufficiency of lender.

Stone v. Eckley, 206 App. Div. 720 , affirmed.

(Submitted October 7, 1924;

decided October 21, 1924.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 14, 1923, affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover for an alleged breach of contract whereby upon delivery to him of certain bonds the defendant agreed to pay to plaintiff a certain sum of money. The defendant contended that tender of the bonds was not made within the required time.

p. 537

Alfred R. Page and Simon Sultan for appellant.

Henry Hirschberg and J. R. Thompson for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.