Waxelbaum v. Schloss
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Nathan Schloss and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of March, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of March, 1908, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is for damages for failing to deliver goods alleged to have been purchased by the plaintiff’s assignor from the defendants.
A firm of jobbers known as the Waxelbaum Company, through its representative, selected from defendants’ stock of goods at their salesrooms in New York city some 800 suits of clothing and verbally agreed to purchase them at prices aggregating about §3,300. The defendants made a list of the goods by lot numbers and quantities on a blank form used by them. This blank form was headed “Schloss Bros. & Co. of Baltimore and New York,” and in substance was…
2Cases cited3 opinions
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Peck v. . VandemarkNew York Court of Appeals · 1885
- Coe v. . ToughNew York Court of Appeals · 1889
3Cited by7 opinions
- Eagle Paper Box Co. v. Gatti-McQuade Co.Appellate Terms of the Supreme Court of New York · 1917
- Meekins-Bamman Prestress, Inc. v. BETTER CONST., INC.District Court of Appeal of Florida · 1982
- Alhambra Amusement Co. v. Associated First National Pictures, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
- Roaring Spring Blank Book Co. v. LesserNew York Supreme Court · 1912
- Roaring Spring Blank Book Co. v. LesserAppellate Terms of the Supreme Court of New York · 1912
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