Stroock Plush Co. v. Talcott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Talcott, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 14th day of February, 1911, upon the report of a referee, and also from an order entered in said clerk’s office on the same day granting the plaintiff an extra allowance.
1Opinion of the Court
Thomas, J.:
The plaintiff has recovered damages for defendant’s breach of a contract for the purchase by him of all the embossed plushes made between June 13 and October 1, 1907. The defendant accepted some goods, made payments thereon, but finally, after protesting their quality, refused further deliveries of similar goods, as well as payment for past deliveries, and demanded deliveries in accordance with contract. But in this action the defendant alleges (1) that there was no contract, (2) that there was a contract, and that plaintiff did not fulfill it. The defendant bases his contention of…
2Cases cited10 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
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3Cited by3 opinions
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- Sam's Marine Park Enterprises, Inc. v. Admar Bar & Kitchen Equipment Corp.Civil Court of the City of New York · 1980