Legal Opinion
Kroulee Corp. v. A. Klein & Co.
New York Supreme Court
Decided March 10, 1980PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Frederic E. Hammer, J.
This is a motion by plaintiff to dismiss defendants’ affirmative defense of accord and satisfaction.
In January, 1979, defendants ordered certain aluminum foil from plaintiff. The agreed price was $22,062.45. Delivery was made in June, 1979, and defendants sent the sum of $5,000 to plaintiff on account. Thereafter, a dispute arose between the parties over the condition of the foil and the price. On October *44224, 1979 defendants sent a check to plaintiff in the amount of $6,093.06 along with a letter stating that the check represented payment in full after…
2Cases cited6 opinions
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Scholl v. TallmanSouth Dakota Supreme Court · 1976
- Ayer v. Sky Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Lange-Finn Construction Co. v. Albany Steel & Iron Supply Co.New York Supreme Court · 1978
- Welbourne & Purdy, Inc. v. MahonAppellate Division of the Supreme Court of the State of New York · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
- Stultz Electric Works v. Marine Hydraulic Engineering Co.Supreme Judicial Court of Maine · 1984
- Braun v. C.E.P.C. Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Inger Interiors v. PeraltaOhio Court of Appeals · 1986
- Aguiar v. Harper & Row Publishers, Inc.Civil Court of the City of New York · 1982
8 more not listed; retrieve them via the Exa API.