Falkenberg v. O'Neill
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term.- Action by Jacob Falkenberg against Francis O’Neill. From a judgment in favor of defendant, plaintiff appeals. Reversed.
1Opinion of the Court
SCOTT, J,
We can find nothing in the record to sustain the verdict. It is undisputed that the plaintiff bought from defendant some 2,500 pairs of shoes at a lump sum price. When the time came for delivery, the plaintiff refused to accept the shoes tendered by defendant on the ground that they were not the shoes he bought, but were of much inferior quality and value. After waiting a reasonable time, the defendant, upon notice to plaintiff, sold the shoes which plaintiff had refused *379to receive at a price $550 less than the contract price between plaintiff and defendant. Plaintiff, claiming that…
2Cases cited3 opinions
- Myers v. MyersAppellate Division of the Supreme Court of the State of New York · 1903
- Landrigan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Powers v. GouraudNew York Supreme Court · 1897
3Cited by2 opinions
- Tou Velle v. Farm Bureau Co-op. ExchangeOregon Supreme Court · 1924
- Cohen v. SofranskiAppellate Terms of the Supreme Court of New York · 1905