Dobbs v. Prudden-Winslow Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, rendered in favor of plaintiff, and from an order denying defendant’s motion for a new trial. The case was tried by the court without a jury.
1Opinion of the CourtCohalan, J.
On December 3, 1914, the defendant ordered bricks from the plaintiff to be used in Greenwich, Conn. These bricks were to conform to sample. When the bricks were delivered they proved to be unsatisfactory. At a conference held thereafter by the representatives of the parties to the action, there *251was a discussion as to whether or not the bricks should be culled, and that the expenses therefor and other expenses incidental to the proper adjustment of the mistake should be borne by the plaintiff; all with the approval of the architect of the building in process of construction.
It is clear that…
2Cases cited3 opinions
- Ravenswood Paper Mill Co. v. DixAppellate Terms of the Supreme Court of New York · 1908
- Barron v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Waterbury Co. v. Maryland Casualty Co.Appellate Terms of the Supreme Court of New York · 1912