Fulton Bag & Cotton Mills, Inc. v. Frankel

Clarke, P. J. (dissenting):

After the formal and repeated refusals of the defendants to order the goods out or to take them, and their formal attempt to cancel the contract, I do 'not believe it was incumbent on plaintiff to go through the idle ceremony of carting these bulky goods over to New York and back again. In so far as the decision is based upon a failure to show a physical tender, I dissent.

Judgment affirmed, with costs.