Lichtenstein v. Rabolinsky
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Meyer Lichtenstein, from a judgment of the Supreme Court in favor of the defendant,■ entered in the office of the clerk of the county of Erie on the 10th day of June, 1901, upon the dismissal of the complaint upon the merits by direction of the court after a trial at the Erie Trial Term.
1Opinion of the CourtHiscock, J.
We think that the judgment appealed from should he reversed.
The action was brought to recover damages for an alleged breach of warranty by defendant upon the sale by him to plaintiff of a carload of “ busheling ” scrap. The evidence so far as admitted disclosed that the parties entered into a verbal contract by which the defendant was to sell and deliver to plaintiff on board the cars at Buffalo a carload of said scrap at a certain price. Part of the purchase price was paid before the delivery, and the balance upon the date of delivery. After defendant had caused the car to be loaded, and…
2Cases cited1 opinion
- Brigg v. . HiltonNew York Court of Appeals · 1885
3Cited by8 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- J. I. Case Threshing Mach. Co. v. Buick Motor Co.Court of Appeals for the Eighth Circuit · 1930
- Perry v. BatesAppellate Division of the Supreme Court of the State of New York · 1906
- Lichtenstein v. RabolinskyAppellate Division of the Supreme Court of the State of New York · 1904
- Leary v. MooreAppellate Terms of the Supreme Court of New York · 1905
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