Gilbert v. Alton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, • Lee T. Alton and another, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the ‘27th day of May, 1903. '
1Opinion of the Court
Jenks, J.:
This is an action by buyer for a breach of the contract of: sale, in that a part of the chattels sold did not conform to the. contract.. The consideration has .been paid and the buyer has *63accepted a large' number of the chattels delivered under the contract. The learned counsel for the appellant insists that the plaintiff,, having failed to return, or to offer to return, the merchandise delivered, cannot recover. But there is evidence which warrants a finding that the plaintiff did this. He testifies that he declined to receipt for the goods, and told the defendant’s bookkeeper, who…
2Cases cited4 opinions
- McKnight v. . DevlinNew York Court of Appeals · 1873
- Mason v. . SmithNew York Court of Appeals · 1892
- Stone v. FrostNew York Supreme Court · 1872
- Ideal Wrench Co. v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Larrowe Milling Co. v. Lyons Beet Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1910