Legal Opinion

De Graff & Palmer v. Mayper

Appellate Terms of the Supreme Court of New York

Decided November 15, 1909PublishedCited by 1 opinion

Appeal by the plaintiff from a judgment of the City Court of the city of Mew York, rendered in favor of the defendants, after a trial before the court without a jury.

1Opinion of the CourtLehman, J.

The plaintiff and the defendants, on December 4, 1906, entered into a contract or a series of contracts for the manufacture and sale of a number of different varieties of garter webbing. Each item was apparently separately discussed, and the quantity, color and price separately fixed. The time of delivery was apparently to be a reasonable time after the order was given; and the plaintiff claims that, in regard to each item, the question of what constitutes a reasonable time could depend upon different circumstances. During the discussion of the order, the plaintiffs salesman would enter each…

2Cases cited1 opinion

  1. Pakas v. . HollingsheadNew York Court of Appeals · 1906

3Cited by1 opinion

  1. Grossman Bros. & Rosenbaum v. Atlas Construction Co.Appellate Division of the Supreme Court of the State of New York · 1910

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