Breakstone v. Buffalo Foundry & Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Buffalo Foundry and Machine Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 21st day of March, 1913, upon the verdict of .a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 24th day of March, 1913, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This action was brought to recover the amount paid on the purchase price of a vacuum rotary drum dryer under a contract with the defendant for the sale thereof by which the title was to remain in the defendant -until payment of the full purchase price; and the right of recovery is predicated on tíie retaking of the property by the vendor and its failure to sell the same within the time prescribed by section 65 of the Personal Property Law (Consol. Laws, chap. 41; Laws of 1909, chap. 45). The defendant manufactured vacuum rotary drum dryers used in drying milk into powder or milk…
2Cases cited9 opinions
- Crowe v. . Liquid Carbonic Co.New York Court of Appeals · 1913
- Duntz v. Granger Brewing Co.New York Supreme Court · 1903
- Graves Elevator Co. v. CallananAppellate Division of the Supreme Court of the State of New York · 1896
- Washington Trust Co. v. Morse Iron Works & Dry Dock Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Duntz v. . Granger Brewing CompanyNew York Court of Appeals · 1906
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3Cited by5 opinions
- Adler v. . Weis Fisher Co.New York Court of Appeals · 1916
- Boschen v. Multicolor Sales Co.Appellate Terms of the Supreme Court of New York · 1917
- Fisher v. Stewart Motor Corp.New York City Court · 1928
- Manhattan Taxi Service Corp. v. Mogul Finance Corp.New York Supreme Court · 1931
- Ganger, Inc. v. AngeliCity of New York Municipal Court · 1935