Opinion · New York Court of Appeals

Ufitec v. Trade Bank & Trust Co.

Ufitec v. Trade Bank & Tr. Co., 16 N.Y.2d 698 (New York Court of Appeals 1965)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1965-06-10
Topic
general

How later courts describe this case

  • “[a]n anticipatory breach, in a proper case, may excuse one from performing a useless act, but it does not excuse one from the obligation of proving readiness, willingness, and ability to have performed the conditions precedent”

Citator

UpLaw has not yet analyzed Ufitec v. Trade Bank & Trust Co.. The absence of a flag is not a finding that it is good law.

Cited by
16 opinions

Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.