Gilbert v. Alton
Appellate Division of the Supreme Court of the State of New York
Appeal from Municipal Court, Borough of Brooklyn, First District. Action by David M. Gilbert against Lee T. Alton and another. From a judgment for plaintiff, defendants appeal. Affirmed.
1Opinion of the CourtJenks, J.
This is an action by buyer against seller for a breach of the contract of sale in that a part of the chattels sold did not conform to the contract. The consideration has been paid, and the buyer has accepted a large number of the chattels delivered under the contract'. The learned counsel for the appellant insists that the plaintiff, having failed to return or to offer to return the merchandise delivered, cannot recover. But there is evidence which warrants a finding that the plaintiff did this. He testified that he declined to receipt for them, and told the defendant’s bookkeeper, who…
2Cases cited5 opinions
- McKnight v. . DevlinNew York Court of Appeals · 1873
- Mason v. . SmithNew York Court of Appeals · 1892
- Stone v. FrostNew York Supreme Court · 1872
- Ideal Wrench Co. v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1901
- P. J. Sorg Co. v. CrouseNew York Supreme Court · 1895