Frick Co. v. Pultz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frick Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 15th day of December, 1913, upon the dismissal of the complaint t>y direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Howard, J.:
On October 6, 1910, the parties hereto entered into a written contract by the terms of which the plaintiff sold and the defendant purchased a threshing machine. The machine was delivered by the plaintiff and was in the possession of the defendant before the contract was signed. The defendant gave three notes aggregating $250 in payment for the machine. The style of contract used by the parties was a regular blank form usually employed by the plaintiff. The various provisions of the contract are plain, unambiguous and easy to comprehend. The plaintiff makes certain warranties in the…
2Cases cited2 opinions
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Eclipse Silk Manufacturing Co. v. HillerAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by2 opinions
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- East Coast Oil Co. v. HollinsAppellate Division of the Supreme Court of the State of New York · 1918