Drake Hardware Co. v. Dewitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Hiram F."Dewitt.and another, as surviving partners, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schuyler on the 19th day of December, 1907, upon the verdict of a jury, and also from an order entered' in said clerk’s office on the 14th day of December, 1908, denying thé defendants’ motion for a new tidal made upon the minutes."
1Opinion of the Court
Cochrane, J.:
This is an action to. recover the purchase price of a DeLaval cream separator. The defendants were engaged in a creamery business and had installed a United States separator. The contract was made by one Elston, an agent of the plaintiff, He'testified that the plaintiff’s machine was installed in the defendants’ creamery under an agreement that it was to be tested in competition with the United States machine, and that it was not to be paid for unless it did “ better all around work” than the other machine. He further testified, that the two machines were to be tested by the…
2Cases cited3 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Stone v. . BrowningNew York Court of Appeals · 1877
- Scully v. SmithAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
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- Broom v. JoselsonAppellate Division of the Supreme Court of the State of New York · 1924
- F. Kieser & Son Co. v. HallockAppellate Division of the Supreme Court of the State of New York · 1922
- F. Kieser & Son Co. v. HallockAppellate Division of the Supreme Court of the State of New York · 1922