Plumb v. J. W. Hallauer & Sons Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William H. Plumb, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of &⅞ county of Franklin on the 2Tth day of April, 1910, upon the dismissal-of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Franklin Trial Term, and also from on order bearing date the 4th day of April, 1910,. and entered in said clerk’s office denying the plaintiff’s motion for a new trial…
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Appeal by the plaintiff, William H. Plumb, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of &⅞ county of Franklin on the 2Tth day of April, 1910, upon the dismissal-of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Franklin Trial Term, and also from on order bearing date the 4th day of April, 1910,. and entered in said clerk’s office denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is to recover damages for an alleged breach, of contract in refusing to accept and pay for five carloads of apples and a balance claimed to be due on eight carloads debvered and accepted. .
The plaintiff is a produce buyer and shipper, doing business in Franklin county, and the defendant operates an evaporating and canning factory at Webster in the •western part of the State.
The contract was oral, and the plaintiff testified that' the defendant’s agent asked him if he had apples to sell,. and upon his replying that he was a dealer and did have if the price was…
2Cases cited9 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Muller v. . EnoNew York Court of Appeals · 1856
- Commercial Wood & Cement Co. v. Northampton Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Tompkins v. LambAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by4 opinions
- Price v. Neiman Bros.Appellate Court of Illinois · 1926
- Imperial Products Co. v. Capitol Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Barbour v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1916
- Kaplan v. KraussAppellate Terms of the Supreme Court of New York · 1934