Strohmeyer & Arpe Co. v. Hartley Silk Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hartley Silk Manufacturing Company,-from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 12t-h day of Hovember, 1908, granting the plaintiff’s motion for a bill of particulars.
1Opinion of the Court
Scott, J.:
In my opinion the .order for a hill of particulars should be reversed in toto. Plaintiff sues for damages arising out of defendant’s refusal to take certain goods alleged to have been purchased by defendant. Defendant counterclaims in two counts,. alleging that the goods delivered were of inferior quality, and that it was obliged to buy and did buy goods of the agreed quality in the open market at an advanced price. It claims as damages the difference between the market price and the price at which it purchased in the open market. ¡No special damages are alleged. The order appealed…
2Cases cited1 opinion
- Greene v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Diamond Mills Paper Co. v. Independent Peerless Pattern Co.City of New York Municipal Court · 1910