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Contracts Keyed to Burton
Jungmann & Co. v. Atterbury Brothers, Inc.
Citation:
249 N.Y. 119, 163 N.E. 123Facts
Jungmann & Company (hereinafter “Jungmann”) (plaintiff) entered into a written contract with Atterbury Brothers, Inc. (hereinafter “Atterbury”) (defendant) for the sale of thirty tons of casein (a type of protein). Pursuant to the contract, Jungmann was to provide notice of shipment of the casein by cable immediately once the goods were dispatched. On June 9, 1923, fifteen tons of casein were shipped. No notice of the shipment by cable was made to Atterbury, who refused the shipment. Atterbury wrote to Jungmann that they failed to advise them of the shipment as required by the parties’ contract. On June 23, 1923, Jungmann sent Atterbury a letter informing them about the next shipment. But no notice was provided by cable. On June 26, 1923, the remaining fifteen tons of casein were shipped. Atterbury refused to accept the thirty tons of casein. Jungmann sued Atterbury to recover the money owed for the casein.
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