Sturges & Burn Manufacturing Co. v. American Separator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, American Separator Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office bf the clerk of the county of Chenango on the 11th day of August, 1917, upon the decision of the court, a jury having been waived.
1Per curiam
This case has been tried four times, and this is the fourth time that this court has been called upon to review the action of the trial court. (144 App. Div. 872; 158 id. 63; 171 id. 429.) The only question surviving is raised by the defendant as to the amount which has been allowed upon its counterclaim. It is urged that the defendant is entitled to approximately $1,800 for an alleged loss of profits upon certain covers for separator machines, which it is claimed would have resulted from sales made, and which were obliged to be canceled by reason of the failure of the plaintiff to deliver…
2Cases cited1 opinion
- Sturges & Burn Manufacturing Co. v. American Separator Co.Appellate Division of the Supreme Court of the State of New York · 1911