ISBRANDTSEN CO. v. LYNCROFT GRAIN CORP.


8 Misc.2d 521 (1957)

Isbrandtsen Company, Inc., Plaintiff, v. Lyncroft Grain Corporation, Defendant and Third-Party Plaintiff. Mack Klosty & Company, Third-Party Defendant.

City Court of the City of New York, Trial Term.

September 6, 1957.


Attorney(s) appearing for the Case

Woodson D. Scott for plaintiff.

Michael Bernstein for defendant and third-party plaintiff.

Francis J. O'Brien for third-party defendant.


HENRY SILVERMAN, J.

This is an action instituted by Isbrandtsen Co., Inc., against Lyncroft Grain Corporation to recover alleged damages sustained by reason of the defendant's failure to deliver 1,500 tons of grain to be shipped on the plaintiff's vessel "M. V. Heelsum," pursuant to a freight engagement contract dated January 8, 1952. Lyncroft denies that it breached the contract and contends that it was...

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