Legal Opinion

Saal Products Sales, Inc. v. Schatz Manufacturing Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 30, 1926PublishedCited by 3 opinions

1Opinion of the CourtMartin, J.

This action was brought to recover the contract price of 10,000 steel balls sold to defendant.

The answer admits the sale, the contract price and delivery; but, as a defense, alleges that 3,035 of the steel balls were defective and were returned to the plaintiff, and also sets up a counterclaim for the price paid for defective steel balls returned from a former order as well as a counterclaim for damages due to an alleged breach of contract to furnish 50,000 steel balls of which only 18,617 were furnished.

The appellant served with its notice of motion affidavits showing that the contracts were…

2Cases cited2 opinions

  1. Hudson County Consumer's Brewing Co. v. OdellAppellate Division of the Supreme Court of the State of New York · 1920
  2. Larkin v. Watson Wagon Co.Appellate Division of the Supreme Court of the State of New York · 1902

3Cited by3 opinions

  1. Searing v. Randall Cadillac Corp.New York Supreme Court · 1956
  2. 25/27 Corp. v. MormileAppellate Division of the Supreme Court of the State of New York · 2007
  3. Costa v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926

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