Legal Opinion · Concurrence

Levy v. Glassberg

Appellate Terms of the Supreme Court of New York

Decided February 16, 1905Published

Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Minnie Levy and others against Max Glassberg. From a judgment for defendant, plaintiffs appeal. Affirmed.

1ConcurrenceMacLEAN, J.

By written contract, the party of the first part, the defendant herein, agreed “to make,. deliver and fix up” certain fixtures, among which was a millinery case, for the parties of the second part, the plaintiffs herein; and “the price for said job including material, labor, and delivery,” was agreed upon. No sufficient reason appears for disturbing the determination of the trial justice upon the claim of the plaintiffs for failure to deliver, what was delivered, pursuant to the terms of the contract, or upon the counterclaim of the defendant for the recovery of the balance of the contract…

2Cases cited3 opinions

  1. Dustan v. . McAndrewNew York Court of Appeals · 1870
  2. Bement v. SmithNew York Supreme Court · 1836
  3. Todd v. GambleNew York Supreme Court · 1893

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