Jungmann & Co., Inc. v. Atterbury Brothers, Inc.
Court of Appeals of New York
163 N.E. 123 (1928)
Jungmann & Co. (plaintiff) contracted to sell 30 tons of casein to Atterbury Brothers (defendant), to be delivered in two 15-ton shipments, with the contract requiring Jungmann to cable notice to Atterbury immediately upon each shipment. Jungmann shipped the first 15 tons on June 9, 1923 but never sent the required cable notice; Atterbury refused that shipment on June 20. Jungmann then notified Atterbury by letter, not cable, that it planned to ship the remaining casein around June 26. When that shipment arrived, Atterbury again refused to accept it or pay. Jungmann sued in New York state court to enforce the contract.
Whether a plaintiff may recover on a contract without proving that it performed all conditions precedent that the contract required of it.