Legal Opinion · Dissent

Green v. Rosenberg

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1928Published

1DissentFinch, J.

The nature and extent of the original contract between the defendant and the plaintiff is not before us as an issue, and consequently neither party was called upon to litigate the question. The rights here start with the written contract or arbitration and are to be based thereon. The all-important clauses in this contract are as follows: “ The seller agrees to turn over to the buyer such allowances as will be granted the seller from the shipper by such arbitration and the buyer agrees to accept same in full settlement of his claim,” and “ The allowance, if any, that maybe awarded, shall be…

2Cases cited1 opinion

  1. Koster v. . Lafayette Trust Co.New York Court of Appeals · 1913

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