T. W. Oil, Inc. v. Consolidated Edison Co. of New York, Inc.

How courts have described this case

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

• holding under U.C.C. § 2-508 that a seller who tenders nonconforming goods to a buyer who then properly rejects them may avail itself of the cure provision within a reasonable amount of time after rejection
• applying general policy of the Code to interpret UCC § 2.508(2)
• when preliminary injunction denied on adequate remedy ground, plaintiff pursued breach of contract remedy
• “The very next day, February 21, plaintiff offered to cure the defect with a substitute shipment of conforming oil scheduled to arrive ... on February 28”
• seller’s right to cure defective tender, Section 2-508, was intended to act as a meaningful limitation on the absolutism of the perfect tender rule under which no leeway was allowed for any imperfections.
• “In contrast [to the perfect tender rule], to meet the realities of the more impersonal business world of our day, the code, to avoid sharp dealing, expressly provides for the liberal construction of its remedial provisions (§ 1-102

Source: CourtListener parenthetical corpus (CC0).