Orinstein v. Jaffee
Appellate Terms of the Supreme Court of New York
Appear by plaintiff from order of City Court of the city of New York setting aside a verdict in favor of plaintiff and ordering a new trial.
1Opinion of the CourtGuy, J.
Plaintiff sued for goods sold and delivered, and the jury gave him a verdict, which has been set aside by the trial court.
The goods were calicos, sold in accordance with three samples, one containing red lines, another blue lines, and the other dark blue or black lines. Defendant contended that the contract was for goods containing red and blue and dark blue lines, and that contrary to the agreement the plaintiff furnished calicos with black lines, for which reason the goods Were rejected.
It appears that the order was given by defendant’s salesman Kaplan; that in connection with the order he…
2Cases cited3 opinions
- Berkowitz v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Perlman v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1912
- Berkowitz v. . Consolidated Gas Company of New YorkNew York Court of Appeals · 1911