Putnam v. Interior Metal Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Interior Metal Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the comity of New York on the 5th day of April, 1915, upon the verdict of a jury rendered by direction of the court after the dismissal of defendant’s counterclaim.
1Opinion of the Court
Clarke, J.:
This action was brought to recover the sum of $813.20 as the balance on the purchase price of certain Norton elevator door closers and Norton- elevator bars alleged to have been sold *249and delivered by the plaintiff to the defendant at the agreed price of $1,566. The answer denied the sale and pleaded a breach of warranty and rescission of the contract as a separate defense and set up a counterclaim for damages for the breach of the warranty. The reply admitted the warranty but denied the breach.
A motion was made at the opening of the trial to strike out the counterclaim on the…
2Cases cited1 opinion
- Bruce v. . BurrNew York Court of Appeals · 1876
3Cited by1 opinion
- Schmelzer v. WinegarAppellate Division of the Supreme Court of the State of New York · 1926