Stella v. Bankers Commercial Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry Stella, from an order and determination of the Appellate Term of the Supreme Court, First Judicial Department, entered in the office of the clerk of the county of New York on the 6th day of February, 1920, reversing a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Third District, dismissing the complaint, in so far as the same limits the plaintiff’s recovery to the sum of $214.11 instead of awarding him the sum…
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Appeal by the plaintiff, Harry Stella, from an order and determination of the Appellate Term of the Supreme Court, First Judicial Department, entered in the office of the clerk of the county of New York on the 6th day of February, 1920, reversing a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Third District, dismissing the complaint, in so far as the same limits the plaintiff’s recovery to the sum of $214.11 instead of awarding him the sum demanded in the complaint. Appeal by the defendant, Bankers Commercial Corporation, from the whole of said order and…
1Opinion of the Court
Dowling, J.:
The facts in this case appear without dispute in a written stipulation filed in the Municipal Court. On or about November 15, 1916, the plaintiff entered into an agreement in writing with the Lincoln Motor Company, Inc., whereby he directed the latter to enter an order for one Stewart truck to be delivered at once, with a body to be delivered about “ three weeks or so ” thereafter. The price for the car, complete with 'lettering, was to be $1,594.50, of which $530 was paid in cash, the balance to be payable in fifteen monthly payments with six per cent interest including insurance…
2Cited by1 opinion
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