Steiner v. American Alcohol Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, American Alcohol Company, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of October, 1917, overruling defendant’s demurrer to the complaint as not stating a cause of action.
1Opinion of the Court
Smith, J.:
The action is brought for damages for a breach of an oral contract to deliver merchandise of the value of more than fifty dollars. Upon the day of the oral contract the defend*310ant assumed to confirm the same by a letter sent to the plaintiffs. The oral contract was made upon June 22, 1917. The letter from the defendant to the plaintiffs was of the same date. Upon June twenty-fifth the plaintiffs wrote to the defendant assuming to add to the contract certain conditions which were not included in the statement of the contract made in the defendant’s letter to the plaintiffs.…
2Cited by5 opinions
- In re the Estate of MullinNew York Surrogate's Court · 1932
- Curacao Trading Co. v. William Stake & Co.District Court, S.D. New York · 1941
- In re the Probate of the Will of BreskyNew York Surrogate's Court · 1957
- Peters v. DayNew York Supreme Court · 1925
- Werring v. SeligAppellate Division of the Supreme Court of the State of New York · 1934