Curtis v. Soltau
New York Court of Common Pleas
Appeal from trial term. Action by J. Gardner Curtis against Robert Soltau. Defendant appeals from a judgment in favor of the plaintiff for the sum of $3,065.48, entered upon a verdict rendered by direction of the court, and from an order denying defendant’s motion for a new trial.
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Appeal from trial term. Action by J. Gardner Curtis against Robert Soltau. Defendant appeals from a judgment in favor of the plaintiff for the sum of $3,065.48, entered upon a verdict rendered by direction of the court, and from an order denying defendant’s motion for a new trial. The action was to recover $2,589.08, balance of the purchase price of certain lots of gutta-percha on September 6, 1888. The following is the only memorandum of sale which was made: “Boston, Sept. 6th, ’88. “Bought of Messrs. J. Gardner Curtis & Co., Boston, the following lot of gutta-percha: C XX XX WP…
1Opinion of the Court
Daly, C. J.,
(after stating the facts as above.) Upon the trial of the action, the defendant offered evidence of conversations with the plaintiff at and before the sale, and letters of the plaintiff"written before the sale, to prove that the sale was by sample, and also that the plaintiff, at 'the time of the execution of the written memorandum, warranted that the gutta-percha was of the same quality as the samples, and also offered evidence to show that the 98 baskets rejected were not gutta-percha, within the meaning of the contract, and were not merchantable, and that he had no opportunity…
2Cases cited1 opinion
- Routledge v. . Worthington Co.New York Court of Appeals · 1890
3Cited by3 opinions
- Rosenburg v. Capital Cut Stone & Granite Co.Arizona Supreme Court · 1925
- Lamson Consolidated Store Service Co. v. HartungNew York Court of Common Pleas · 1892
- Seguine v. SpaethNew York Court of Common Pleas · 1895