Larrowe Milling Co. v. Lyons Beet Sugar Refining Co.
Appellate Division of the Supreme Court of the State of New York
•Appeal by tlie plaintiff, the Larrowe Milling Company, from a • judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county, of New.
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•Appeal by tlie plaintiff, the Larrowe Milling Company, from a • judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county, of New. Y,ork on the 9th ' day of June, 1909, upon the dismissal of the Complaint by direction of the court after a trial at the New York- Trial Term, the verdict of a jury in favor of the plaintiff having been set'aside, and also from so much of an order entered in said clerk’s office tin the 25th day of May, 1909,, as grants the defendant’s motion to set aside the verdict in .favor of the plaintiff and to dismiss the…
1Opinion of the Court
Scott, J.:
This is an action for damages for the breach of an express warranty. The defendant was a manufacturer of beet sugar, and, prior to February, 1907, had sold to plaintiff, under the name of beet sugar pulp, the residuum of the beets after the sugar had been extracted. This was in use as a food for cattle, and plaintiff resold it for that purpose. In February, 1907, defendant wrote to plaintiff that it had been obliged to discontinue sugar making, and could not, therefore, fill the balance of plaintiff’s order for beet pulp. It stated that it had begun to slice the beets without having…
2Cases cited4 opinions
- Cafre v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1897
- Staiger v. SohtAppellate Division of the Supreme Court of the State of New York · 1907
- Staiger v. . SohtNew York Court of Appeals · 1908
- Gilbert v. AltonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Rosen v. F. W. Woolworth Co.Appellate Terms of the Supreme Court of New York · 1912