Empire Lighting Fixture Co. v. Cutler

I dissent from the affirmance of this judgment, on the ground that the documentary evidence -establishes a modification of the contract as to the place of delivery from New York city to Perth Amboy, N. J., and, therefore, a tender of performance according to the terms of the original did not prove an offer to perform and put the defendants in default.

Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Smith, Page and Greenbaum, JJ.; Page, J., dissenting.