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Oshinsky v. Lorraine Mfg. Co.

United States Court of Appeals, Second Circuit, 1911

187 F. 120

Audio opinion coming soon

Brief Fact Summary

Plaintiff and defendant contracted for the delivery of "shirtings." Plaintiff contended that they delivered the "shirtings," but they were refused by the defendants, who justified their refusal on the grounds that the goods were offered after the time specified for delivery.

Rule of Law and Holding

In a contract where "time is of the essence," a purchaser is not bound to accept and pay for goods, unless the same are delivered or tendered on the day specified in the contract.