Henry Kupfer & Co. v. Pellman
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Henry Kupfer & Co. against Samuel Pellman. From a judgment for defendant, plaintiffs appeal.
1Opinion of the Court
WHITNEY, _J.
In the month of April, 1907, defendant bought from the plaintiff as an experiment a half piece of a certain kind of cloth known as “caracul,” and was claimed by the plaintiff to have ordered 15 pieces more. Defendant disputed this claim. According to the evidence which the jury believed, after some dispute he agreed upon a settlement by which he would take one-quarter of the goods upon plaintiff’s terms, “but I told him distinctly it must be the very same goods as I had the sample piece from him in April.” The plaintiff sent five pieces a day or two later. Defendant at once…
2Cases cited12 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Muller v. . EnoNew York Court of Appeals · 1856
- Day v. . PoolNew York Court of Appeals · 1873
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Norton v. . DreyfussNew York Court of Appeals · 1887
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