Independent Trading Co. v. E. Fougera & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, E. Fougera & Co., Inc., 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 27th day of June, 1919, upon the decision of the court rendered after a trial by the court at Trial Term, a jury having been waived.
1Opinion of the Court
Merrell, J. :
This action is brought to recover damages for the alleged breach of written contracts for the sale of 150 pounds of' potassium guaiacol sulphonate.
The complaint alleges that on or about July 18, 1917, the plaintiff purchased of the defendant 100 pounds of the chemical above mentioned, and on the nineteenth of July, an additional 50 pounds. The purchase price’was ten dollars and fifty cents per pound.
The defendant admits having made written contracts for the delivery o.f 150 pounds of potassium guaiacol sulphonate at the price aforesaid, but set up as a defense that it never…
2Cases cited5 opinions
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- City of New York v. Dowd Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Ward v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- City of New York v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1913
- City of New York v. . MatthewsNew York Court of Appeals · 1915
3Cited by2 opinions
- Vieser v. BellowsAppellate Division of the Supreme Court of the State of New York · 1924
- Vieser v. BellowsAppellate Division of the Supreme Court of the State of New York · 1924