Kraut v. Nordlinger — 243 N.Y. 649

p. 649

Herman Kraut, Respondent, v. Louis Nordlinger, Doing Business under the Name of J. D. Nordlinger, Appellant.

(Argued October 22, 1926;

decided November 16, 1926.)

Headnote

Contract — sale — waiver — sale of goods to be shipped at stated time via certain route — oral waiver of provisions as to time and route.

Kraut v. Nordlinger, 216 App. Div. 409 , affirmed.

Appeal, by permission, from a judgment, entered May 4, 1926, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which unanimously reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directed reinstatement of the verdict. The action was to recover the purchase price of merchandise under a written contract providing for “ March shipment from Japan to New York via Panama.” The goods were not

p. 650

shipped until April and then via the Cape óf Good Hope. The question was whether defendant in certain alleged conversations had waived the provisions as to time and route of shipment.

Judgment affirmed, with costs;

H. H. Nordlinger and Samuel H. Hofstadter for appellant.

Isidor E. Schlesinger and Samuel J. Bawak for respondent.

no opinion.

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