Contracts · MBE-tested
Empire Lighting Fixture Co., Inc., Respondent, v. Samuel Cutler, Paul Cutler and Philip Cutler, Appellants
196 A.D. 924·New York Supreme Court, Appellate Division·1921·NY
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Opinion
Empire Lighting Fixture Co., Inc., Respondent, v. Samuel Cutler, Paul Cutler and Philip Cutler, Appellants.
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.
[MAJORITY]
Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Smith, Page and Greenbaum, JJ.; Page, J., dissenting.
[DISSENT — Page, J. (dissenting):]
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.