Eagle Tube Co. v. Edward Barr Co.
New York Court of Common Pleas
Appeal from city court, general term. Action by Eagle Tube Company against Edward Barr Company. Plaintiff appeals from a judgment of the city court, general term, affirming a judgment in favor of defendant on a counter-claim.
1Opinion of the CourtBookstaver, J.
The action was brought to recover the contract price of goods sold and delivered to the defendant amounting to $106.25. The defendant admitted the indebtedness, and set up a counter-claim for $600 damages arising, not out of the contract sued on, but on a former contract between the parties, whereby the plaintiffs undertook to weld heads into about 540 pieces of iron pipe which had been ordered by the Vertical Tube Boiler Company of the defendant, and which the plaintiff delivered to that company with their heads sweated in, and not welded in, and which were on that account rejected by the…
2Cases cited1 opinion
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
3Cited by4 opinions
- Toplitz v. King Bridge Co.Appellate Terms of the Supreme Court of New York · 1897
- Eldridge v. CrowNew York Court of Common Pleas · 1894
- Liman v. Pennsylvania RailroadNew York Court of Common Pleas · 1893
- Minto v. BaurNew York Supreme Court · 1889