Goldowitz v. Henry Kupfer & Co.
Appellate Terms of the Supreme Court of New York
Appeal by tbe plaintiffs from an order of the City Court of the city of New York setting aside the verdict of a jury rendered in favor of the plaintiffs.
1Opinion of the CourtSeabury, J.
Upon the first trial of this action the complaint was dismissed and the judgment of dis*394missal was reversed and a new trial ordered. 80 Misc. Rep. 487. The opinion of the court upon the first appeal determined that the contract upon which the action was based was not within the Statute of Frauds. Upon the second trial the complaint was amended. As amended it stated a cause of action for damages for the failure of the defendant to deliver goods to the plaintiffs which the defendant had agreed to manufacture and deliver. The respondent contends that the court erred in allowing the amendment to…
2Cases cited1 opinion
- Goldowitz v. Henry Kupfer & Co.Appellate Terms of the Supreme Court of New York · 1913
3Cited by2 opinions
- Brown v. JonesIdaho Supreme Court · 1930
- Goldowitz v. Henry Kupfer & Co.Appellate Division of the Supreme Court of the State of New York · 1914