Frank v. Vogt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Morris J. Frank and another, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 29th day of December, 1916, as amended by an order entered in said clerk’s office on the 19th day of February, 1917, in so far as said determination and order reverses a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Seventh District, in plaintiffs’…
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Appeal by the plaintiffs, Morris J. Frank and another, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 29th day of December, 1916, as amended by an order entered in said clerk’s office on the 19th day of February, 1917, in so far as said determination and order reverses a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Seventh District, in plaintiffs’ favor and dismisses the complaint upon the merits. Appeal by the defendant, Walter J. Vogt, from so much of said…
1Opinion of the Court
Scott, J.:
There was clearly no accord and satisfaction disclosed by the evidence. Defendant-had agreed to purchase merchandise at a fixed price. It was delivered to and retained by him. *834He thereby became indebted for the purchase price. As against this he claimed an offset because some of the goods were not up to the agreed quality, and this he undertook to deduct from the purchase price, sending plaintiffs a check for the balance which was admittedly due in any event. Plaintiffs retained the check as they were entitled to do, and now sue for the remainder of the purchase price.
That this…
2Cases cited4 opinions
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Windmuller v. Goodyear Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Kleinfelter v. GrangerNew York Supreme Court · 1911
- Klinefelter v. PetersonAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by3 opinions
- Schnell v. . PerlmonNew York Court of Appeals · 1924
- Hettrick Manufacturing Co. v. BarishAppellate Terms of the Supreme Court of New York · 1922
- Hettrick Manufacturing Co. v. BarishAppellate Terms of the Supreme Court of New York · 1922