Kouloris v. Cohen

The plaintiff seeks to recover the portion of the purchase price which he has already paid, and claims to have effected a rescission because of the failure to deliver the goods within the time specified in the contract.

The plaintiff operates a type of lunch room which is generally known as a coffee pot and entered into a contract with the defendant to buy fixtures for this coffee pot. The contract provided that these fixtures were to be delivered by July 16, 1927. A portion of these fixtures was delivered and the sum of $260 was paid. The balance of the fixtures, however, was not delivered.

It…