New York Court of Appeals
Thomas J. Pope, Respondents v. the Terre Haute Car and Manufacturing Company, Appellant
October 4, 1887107 N.Y. 61
Summary
The New York Court of Appeals reversed the lower court's denial of the plaintiff's motion to dismiss, holding that the complaint was defective for failing to allege a tender of the goods within a reasonable time and that the defect was not waived. The Court ordered a new trial.