Flower City Plant Food Co. v. Roberts
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Flower City Plant Food Company, from a judgment of the County Court of Warren county in favor •of the defendant, entered in the office of the clerk of the county of Warren on the 5th day of November, 1902, affirming a judgment of a justice of the peace in favor of the defendant.
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Appeal by the plaintiff, the Flower City Plant Food Company, from a judgment of the County Court of Warren county in favor •of the defendant, entered in the office of the clerk of the county of Warren on the 5th day of November, 1902, affirming a judgment of a justice of the peace in favor of the defendant. The plaintiff is a domestic corporation, doing business in Rochester, N". Y. The defendant is in the business of buying and selling hay, straw, flour, feed and grain in Glens Falls, N. Y. On. or about ¡November 12,1901, at the solicitation of the plaintiff’s agent, Baker, the defendant…
1Opinion of the Court
Parker, P. J.:
The defendant declines to pay for these goods on the ground that they were not delivered and received under a contract of purchase and sale, but under what his counsel, in his points upon this appeal, terms a “conditional sale, or rather a.consignment;” and to sustain that theory he insists that the statement indorsed on the back of the copy left with him by the agent was a part of the contract which he made with the plaintiff.
The paper which he signed begins with the following statement: *253“ Positively no Goods on Consignment.” A short distance below are printed the terms of…
2Cited by2 opinions
- Wittenberg v. RobinovNew York Court of Appeals · 1961
- Canaday Cooler Co. v. CucurulloAppellate Division of the Supreme Court of the State of New York · 1938