Cronk & Carrier Manufacturing Co. v. Galbraith Milling Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Galbraith Milling Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 11th day of July, 1919, upon the decision of the court rendered after a trial at the Chemung Trial and Special Term without a jury.
1Opinion of the Court
*569, Judgment unanimously affirmed, with costs, on the opinion of Mr. Justice McCann at the Trial Term.
The following is the opinion of the court below:
McCann, J.:
This action is brought by plaintiff to recover $550 as the purchase price of a certain gasoline engine alleged to have been sold by plaintiff to defendant under a written contract.
The answer denies the material allegations of the complaint and alleges, as a separate defense, that the engine in question was shipped by plaintiff to defendant under an agreement; prior to the written one, and pursuant to which plaintiff was to deliver the…
2Cases cited1 opinion
- Greacen v. . PoehlmanNew York Court of Appeals · 1908
3Cited by3 opinions
- Atlas Shoe Co. v. LewisAppellate Division of the Supreme Court of the State of New York · 1922
- Consolidated Box Co. v. PennCity of New York Municipal Court · 1958
- Columbia Weighing Machine Co. v. KlecknerNew York Supreme Court · 1927