Klinefelter v. Peterson
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment of the- Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county Of Brie, on the 2d day of February, 1912. Judgment affirmed, with costs. All concurred, except Spring and Kruse, JJ., who. dissented in a memorandum, by Spring, J.
1Dissent
Spring, J. (dissenting) :
There was no controversy over the sum which the defendant was to pay for the tomatoes. They were to be shipped in *897September, and were not received until about December; and the defendant was obliged, in order to satisfy its customers, to pay five cents a dozen . more than the contract price with the plaintiff. On the 13th of December, 1907, it sent to the plaintiff its cheek for the amount of the claim, less the damages which the defendant had suffered by reason of the failure of the plaintiff to deliver the goods on time. The letter states: “We have deducted cash…
2Cited by2 opinions
- Frank v. VogtAppellate Division of the Supreme Court of the State of New York · 1917
- Frank v. VogtAppellate Terms of the Supreme Court of New York · 1916