Legal Opinion
Beauty Waists, Inc. v. Traphagen
Appellate Terms of the Supreme Court of New York
Decided June 15, 1917PublishedCited by 2 opinions
Appeal by defendant from a judgment of the City Court of the city of New York in favor of plaintiff, entered upon a verdict of a jury and from order denying motion for new trial.
1Opinion of the CourtOrdway, J.
The plaintiff brings this action to recover damages for the breach of an alleged contract by the defendant to sell and deliver silk. The jury found a verdict for the plaintiff.
The evidence shows that one Sheridan, a salesman of the defendant, called several times on the plaintiff and endeavored to sell it some silk, and that finally on September 7, 1915, the plaintiff signed and delivered to Sheridan the following order:
“ Pullman Silk Co. Sept. 7, 1915.
“ 331 Fourth Ave.,
“ City:
“ Gentlemen.— We herewith place the following order of 100 pieces #36285—40/105 — at 67% to be delivered as follows:…
2Cases cited2 opinions
- Van Kauren v. Boomer & Boschert Press Co.Appellate Division of the Supreme Court of the State of New York · 1911
- National Cash Register Co. v. McCannNew York Supreme Court · 1913
3Cited by2 opinions
- Senner & Kaplan Co. v. MillsAppellate Division of the Supreme Court of the State of New York · 1918
- Hampton Cotton Mills v. HershfeldNew York Supreme Court · 1923