Ferry v. South Shore Growers & Shippers Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, South Shore Growers and Shippers Association, from a judgment of the County Court of Chautauqua county in favor of the plaintiff, entered in the office of the clerk of said county upon the decision of the court after a trial before the court without a jury.
1Opinion of the Court
Foote, J.:
Plaintiff has recovered $150 as the purchase price of fifty bushels of potatoes sold by plaintiff to defendant. The potatoes were to be delivered at plaintiff’s residence. Twenty-nine bushels were accepted by defendant and by it sold and delivered to other parties, but these have not been paid for. The remaining twenty-one bushels were prepared and set apart by plaintiff ready for delivery and defendant notified, but defendant neglected to call for them and they rotted and became of no value.
The trial court has found these facts. It has also found in effect that the agreed price of…
2Cited by2 opinions
- George Boiko & Co. v. Atlantic Woolen Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- Hier v. WightmanAppellate Division of the Supreme Court of the State of New York · 1921