Duryea, Watts & Co. v. Rayner
Appellate Terms of the Supreme Court of New York
Appeal from affirmance of the. General Term of the City Court of Yew York of a judgment entered upon a verdict in favor of the plaintiff.
1Opinion of the Court
■Bischoff, J.
The action was for damages sustained by the plaintiff, the seller, because of the defendant’s refusal to accept delivery of certain carloads of flour under an entire oral contract „ of sale. One carload was accepted and the defendant refused to accept the remainder, claiming that the goods were not of the quality called for by the agreement, a counterclaim also being interposed for the amount of loss suffered by the defendant because of his acceptance of this portion of the flour. This counterclaim was not supported by proof, and the issue, as finally submitted to the jury, was…
2Cases cited1 opinion
- Dustan v. . McAndrewNew York Court of Appeals · 1870
3Cited by3 opinions
- Rosenstein v. Casein Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1906
- Western Alfalfa Milling Co. v. WorthingtonWyoming Supreme Court · 1924
- Daly v. LowensteinAppellate Terms of the Supreme Court of New York · 1911