Luckes v. Meserole
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gus Luches, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 20th day of March, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Kings County Trial Term.
1Opinion of the Court
Rich, J.:
The plaintiff is a contractor, and while engaged in the erection of some buildings purchased of one William H. Meserole, for whom the defendant was acting as sales agent, a quantity of patent mortar for use upon such buildings. He testified that in answer to the inquiry of the defendant as to what kind he wanted he answered, “ any kind as long as it is good.” Defendant then informed him that he could furnish two kinds, Bock wall or Bockland Bockport Lime Company, but later told him he could not furnish the Bock wall but could furnish the other, which was just as good, twenty-five…
2Cases cited2 opinions
- Taylor v. . NostrandNew York Court of Appeals · 1892
- James v. Libby, McNeil & LibbyAppellate Division of the Supreme Court of the State of New York · 1905