Swartmore Textile Co. v. Morris Bernhard Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Morris Bernhard Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 8th day of May, 1918, denying its motion to require the complaint to be made more definite and certain.
1Opinion of the Court
Cochrane, J.:
The complaint is very simple and brief. It alleges that on or about July 27, 1917, the plaintiff agreed to sell and the defendant agreed to purchase the entire stock of gimps plaintiff then had manufactured or in process of manufacture, and to pay therefor $2.25 per gross; that the plaintiff has at all times been ready and willing to perform its agreement and that the defendant has refused to receive and accept deliveries thereunder or pay therefor, whereby the plaintiff has been damaged in the sum of $4,633.48 for which sum it demands judgment with interest and costs. The…
2Cases cited6 opinions
- Dumar v. Witherbee, Sherman & Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Rouget v. HaightNew York Supreme Court · 1890
- First Presbyterian Church v. KennedyAppellate Division of the Supreme Court of the State of New York · 1902
- Pigone v. LauriaAppellate Division of the Supreme Court of the State of New York · 1906
- Bonta Hotel Co. v. BenedictAppellate Terms of the Supreme Court of New York · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hanson v. HansonNew York Supreme Court · 1953