Harvard Co. v. Wicht
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Harvard Company, from a judgment of the Municipal Court of the city of Hew .York, borough of Queens, in favor of the defendant, entered on the 10th day of June, 1904, dismissing the plaintiff’s complaint.
1Opinion of the Court
Woodward, J.:
This is an action sounding in tort to recover for goods sold and delivered to the defendant by the plaintiff under a written agreement of sale, which was in the form of an order addressed to The *508Harvard Co., Canton, Ohio,” and which provided, among other things, that “ This order is not subject to countermand, and is binding upon said Company when received and accepted by it at Canton, Ohio.” There is no dispute that the goods were delivered and that the defendant owes some part of the purchase price, but the defendant urges, and this was the ground for his motions to dismiss the…
2Cases cited5 opinions
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Vaughn Machine Co. v. LighthouseAppellate Division of the Supreme Court of the State of New York · 1901
- Droege v. Ahrens & Ott Manufacturing Co.New York Court of Appeals · 1900
- Hargraves Mills v. HardenNew York Supreme Court · 1898
- Crocker v. MullerAppellate Terms of the Supreme Court of New York · 1903
3Cited by4 opinions
- International Text Book Co. v. . ToneNew York Court of Appeals · 1917
- Hovey v. . De Long Hook Eye Co.New York Court of Appeals · 1914
- Hovey v. De Long Hook & Eye Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Milliken v. FullertonAppellate Division of the Supreme Court of the State of New York · 1905