Gottlieb v. Dole
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank A. Dole, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dew York on the 12th day of October, 1904, upon the report of a referee, with notice of an intention to bring up for review upon such appeal certain intermediate orders.
1Opinion of the Court
Houghton, J.:
So far as material to the questions which we deem necessary to consider on this appeal the facts are as follows: The plaintiff agreed to furnish and the defendant agreed to malt a large quantity of-barley. The contract was entered upon and in a large part performed, and by mutual consent malting ceased and other alleged obligations on the part of defendant were substituted.
The plaintiff made claim that the defendant had not returned to him all the malt which his barley produced and that much of that which was returned was of inferior quality, due to unskillful pro*584duction.…
2Cited by1 opinion
- Mackey v. Empire Rollerdrome of Brooklyn, Inc.Appellate Division of the Supreme Court of the State of New York · 1944