Rosenberg Bros. & Co. v. F. S. Buffum Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, F. S. Buffum Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of March, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 14th day of February, 1921, denying…
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Appeal by the defendant, F. S. Buffum Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of March, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 14th day of February, 1921, denying defendant’s motion for the issuance of a commission to take the testimony of a witness in South America.
1Opinion of the Court
Smith, J.:
The verdict of the jury represents the purchase price of two carloads of dried prunes, which the plaintiff agreed to sell and the defendant agreed to buy. The contract was executed April 23, 1919. It provided for the purchase by the defendant and the sale by the plaintiff of California dried prunes as per variety, style and package and prices named. The destination was left blank. The routing was left blank, and after the printed words “ consigned to,” there was a blank. That blank was not filled in. The time of shipment was October-November, seller’s option. There was then stated…
2Cases cited6 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Bement v. SmithNew York Supreme Court · 1836
- Mosler Safe Co. v. BrennerAppellate Terms of the Supreme Court of New York · 1917
- Turner-Looker Co. v. AprileAppellate Division of the Supreme Court of the State of New York · 1921
- Butler Brothers v. . HirzelNew York Court of Appeals · 1905
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3Cited by2 opinions
- Kleinhans v. Canadian Pacific Railway Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Williams Ice Cream Co. v. Chase National BankNew York Supreme Court · 1923