Schwickert v. Levin
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court, borough of Brooklyn, Third district. Action by Philip Schwickert against Isaac Levin. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtJenks, J.
This action is to recover the contract price for goods sold and delivered. The answer was a general denial and breach of the contract. During the trial the defendant admitted the delivery of the goods, but contended that there had been a breach, in that the contract was entire. The defendant ordered a quantity of different kind of iron plates from the plaintiff.. The plaintiff testifies that the original terms were payment at 10 days, but that the contract was subsequently modified so as to permit delivery by installments, each installment to be paid for before the delivery of the next…
2Cases cited3 opinions
- Peck v. . ValentineNew York Court of Appeals · 1884
- Tibbetts v. SternbergNew York Supreme Court · 1870
- Peck v. LakeNew York Supreme Court · 1870
3Cited by2 opinions
- Benefield v. StateAlabama Court of Appeals · 1957
- Moore v. StateSupreme Court of Alabama · 1988