Elmore v. Busseno
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Peter Busseno, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Otsego on the 24th day of January, 1916, upon the decision of the court after a trial before the court without a jury.
1Opinion of the Court
Kellogg, P. J.:
September 30, 1913, plaintiffs’ agent called upon the defendant at his store at West Hebron, a little hamlet about six miles from the railroad station, and they made an oral agreement by which the defendant was to purchase of the plaintiffs four carloads of oats at a price exceeding fifty dollars. Plaintiffs’ agent immediately mailed to his firm at Oneonta, K. Y., a sale slip signed by him, showing a sale to the defendant. The stenographer in the plaintiffs’ office in the usual course of business, upon receiving a sales slip, would prepare a confirmation with a carbon copy and…
2Cited by5 opinions
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