Legal Opinion
Strauss v. Scott
New York Supreme Court
Decided March 19, 1899PublishedCited by 1 opinion
Action by one Strauss against one Scott for failure to deliver a quantity of wall paper on which plaintiff had made a certain payment, and had agreed to pay the balance on delivery. The evidence showed that the value of the paper to be delivered was less in amount than the price plaintiff had contracted to pay therefor. Verdict for plaintiff, and defendant moved to set aside the verdict, and to dismiss the complaint.
1Opinion of the CourtMacLEAH, J.
Motion to set aside the verdict herein upon ex ceptions taken and because the verdict was contrary to the law plaintiff failing to prove any damage (Greene v. White, 37 N. Y. 405), granted, and the complaint dismissed (Mixsell v. Railroad Co., 22 Misc. Rep. 73, 49 N. Y. Supp. 413).
2Cases cited2 opinions
- Greene v. . WhiteNew York Court of Appeals · 1867
- Mixsell v. New York, New Haven & Hartford RailroadNew York Supreme Court · 1897
3Cited by1 opinion
- Sander Tilatitsky, Inc. v. Raymond-Hadley Co.Appellate Terms of the Supreme Court of New York · 1926