Lessler v. Gerli
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Michael Lessler and another, from an order of the Appellate Term, entered in the office of the clerk of the county of New York on' the 5th day of January, 1911, affirming a judgment of the Municipal Court of the city of New York in favor of the defendant entered on the 4th day of May, 1910. Determination and judgment reversed and new trial ordered, costs in all courts to abide event, on dissenting opinion of GfiEGERiCH, J., at Appellate Term.'
1Opinion of the Court
The following is the opinion of Glegerich, J.: ■
(xIEGErich, J.:
This is an action to recover damages for breach of a contract to sell and deliver certain silk. Plaintiffs purchased ten bales of which two only were delivered. The defense was that prior to the commencement of this action the defendant had brought an action against the plaintiffs to recover damages for the plaintiffs’ breach of the same' contract in refusing to accept delivery of the eight bales, and that such action had been litigated and had resulted in a judgment dismissing the complaint on the merits.
It is argued that as the…
2Cases cited3 opinions
- Brown v. . GallaudetNew York Court of Appeals · 1880
- Honsinger v. . Union Carriage Gear Co.New York Court of Appeals · 1903
- Walkup v. MesickAppellate Division of the Supreme Court of the State of New York · 1905