Van Iderstine Co. v. Barnet Leather (1926)

Van Iderstine Co. v. Barnet Leather
Court of Appeals of New York, 1926
242 N.Y. 425, 152 N.E. 250

This case involved the sale of veal skins, some of which were rejected by the buyer.  The court held that the rule applied in Nolan v. Whitney was not applicable in this case.  In Nolan, the court ruled that parties may recover for substantial performance in order that buyers not obtain a seller’s property without payment.  In this case, the court said that since the veal skins were not special order, they could be resold at a market price.  Unless the certificate was withheld due to dishonesty or bad faith, the plaintiff could not recover.

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