Miller & Sons Co. v. E. M. Sergeant Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, E. M. Sergeant Company, from a determination of the Appellate Term of the Supreme Court, filed in the office of the clerk of the City Court of the City of New York on the 4th day of February, 1920, affirming a judgment of the City Court of the City of New York in favor of the plaintiff entered upon a directed verdict, and also affirming an order of said City Court, denying defendant’s motion for a new trial.
1Opinion of the Court
Page, J.:
Both parties moved for a direction of a verdict, and only questions of law are presented by this appeal. The facts are as follows: On March 30, 1917, the plaintiff and defendant entered into the following contract:
“ Messrs. Miller & Sons Company,
“ 5309 Westminster Avenue,
“ Philadelphia, Penna.:
“ Gentlemen.— We have this day sold you twenty-four (24) minimum carloads of about fifty thousand (50,000) pounds each of Solvay brand 58% Light Soda Ash packed in bags of three hundred (300) pounds each for shipment at the rate of one (1) car about the fifth and one (1) car about the twentieth *816…
2Cases cited3 opinions
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Pope v. . PorterNew York Court of Appeals · 1886
- Gross v. AjelloAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by6 opinions
- Kieckhefer Box Co. v. John Strange Paper Co.Wisconsin Supreme Court · 1923
- Schopflocher v. Essgee Co. of China, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- Percy Kent Co. v. SilbersteinAppellate Division of the Supreme Court of the State of New York · 1922
- Jauch v. Powertown Tire Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Liondale Mercantile Co. v. GerberAppellate Division of the Supreme Court of the State of New York · 1921
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