Van Kauren v. Boomer & Boschert Press Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Boomer & Boschert Press Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 37th day of February, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of March, 1909, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Boomer & Boschert Press Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 37th day of February, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of March, 1909, denying the defendant’s motion for a new trial made upon the minutes. Upon August 24, 1905, plaintiff requested defendant to send one of its agents to give him a price on its cider press and- also information as to the press. In that communication he stated that he…
1Opinion of the Court
Smith, P. J.:
I am unable to find any legal contract by the defendant to deliver to the plaintiff the cider press under the terms stated in the paper of the twenty-eighth of August. It seems to me clear that that paper was simply an order for the press subject to acceptance by the defendant at Syracuse and does not purport to be a contract by which the defendant agreed to deliver the press upon the terms therein written. The paper is addressed to the defendant at Syracuse. It “ authorized and requested ” the defendant to ship to the plaintiff this cider press upon the terms named. So far the…
2Cases cited1 opinion
- Manier & Co. v. ApplingSupreme Court of Alabama · 1896
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