Lekas v. Schwartz
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from a judgment of the Municipal Court of the city of Hew York, second district, borough of Manhattan, rendered in favor of the defendant.
1Opinion of the CourtGildersleeve, J.
The action was tried before the court with a jury, and the complaint was dismissed. Plaintiffs appeal. On or before December 24, 1906, .defendant called at plaintiffs’ store and examined five or six cases of figs, - *595which he found in good condition; and, on December 24, 1906, he made the following contract in writing, viz: “ This is to certify I have this 24th day of December, 1906, bought from Messrs. Lelcas & Drivas (plaintiffs), 17 Roosevelt St., City, 100 cases of string figs at five and three-quarter cents per pound, to be delivered at my store, 87 Ludlow St., from to-day until the 15th…
2Cases cited4 opinions
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Cornwell v. . HaightNew York Court of Appeals · 1860
- Ryan v. TrainAppellate Division of the Supreme Court of the State of New York · 1904
- Greene v. MillerNew York Supreme Court · 1893