People ex rel. Jones v. Brophy

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• buyer’s right to cancel due to untimely performance by steel seller waived but right to later sue for damages could have been retained
• in case where New York law applied, “plaintiffs cite no New York case law adopting the Restatement [§ 251] position”
• “By [permitting the contract to continue,] respondent at that time waived its right to cancel for an untimely performance . . . , although it retained its right to seek damages for the delay.”
• “at common law no such duty to provide adequate assurances existed”

Source: CourtListener parenthetical corpus (CC0).