106 Misc. 436 | N.Y. Sup. Ct. | 1919
The contract was for the sale of 1,000 pieces of silk to be delivered during March, April, May, June, July and August, or sooner, if possible. Payments were to be made on the tenth of each month for all goods delivered during the previous month. Deliveries were actually made during each of the several months specified in the contract, and also in the month of September, but in the aggregate amounting only to about 361 pieces. On October tenth or eleventh a dispute arose between the parties and no more pieces were delivered. The plaintiffs thereupon brought suit for the price of the goods previously delivered and the defendants counterclaimed for damages resulting from plaintiffs’ failure to perform according to the contract. The principal issue was as to whether the time for performance had been extended. The jury found that the time had not been extended by agreement or by any act of defendants. Defendants ’ letter of July sixteenth is not to be taken as necessarily extending the time for delivery. By this letter defendants consented to pay an increased price of ten cents per yard “ upon the condition that the balance of our order for 1,000 pieces is delivered according to contract. If the said balance is not [so] delivered, then the original contract as to price on
Motion to set aside verdict denied.