Miller v. Greenwald Petticoat Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Greenwald Petticoat Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 29th day of May, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of May, 1919, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The action is brought upon a contract of sale of certain material to be used by the defendant in its business. While the complaint does not so allege, it was proven that the sale was by sample, and the only contention here is upon the question as to whether the sale was in accordance with the sample. The first cause of action is for goods delivered under the contract and accepted by the defendant. The evidence of the defendant is to the effect that the acceptance was under a claim by it that the goods were not according to sample, and under a contract with the plaintiff that it…
2Cases cited2 opinions
- Bullard v. . PearsallNew York Court of Appeals · 1873
- Berkowsky v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- People v. ScheppsMichigan Supreme Court · 1922