Levy v. Kornreich
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court,' Borough of Manhattan, Seventh District. Action by Rae Levy against Jacob ICornreich. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtSeabury, J.
The plaintiff sues to recover damages for the breach of an alleged warranty. The plaintiff purchased from the defendant a sideboard at the agreed price of $40. After indicating the style of sideboard desired, the plaintiff said: “I would like to have the sideboard in good condition.” The defendant replied: “I will send you a good sideboard.” The sideboard was delivered in a defective •condition. The defects were open and obvious.. Although the plaintiff complained of the defects he retained posses: sion of the sideboard, and made no offer to return it. The words used by the defendant in…
2Cases cited1 opinion
- Staiger v. SohtAppellate Division of the Supreme Court of the State of New York · 1907