Heyman Cohen & Sons, Inc., Appellant v. M. Lurie Woolen Co., Inc., Respondent

Summary

The New York Court of Appeals held that the option clause in the contract was supported by consideration, was sufficiently definite, that a prior judgment on a demurrer does not bar the action when the pleading defect is cured, and that the plaintiff’s demand and the defendant’s partial performance waived any right to rescind for delay.