Van Praag & Co. v. Weinberger
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of - Manhattan, First District. Action by Van Praag & Co. against Aaron Weinberger. Judgment for plaintiff, and defendant appeals. Reversed, and -new trial ordered.
1Opinion of the CourtGiegerich, J.
The plaintiffs are auctioneers and commission merchants and conducted a sale of men’s shoes on July 21, 1908. The defendant attended the sale, and a large quantity of the goods was struck off to him upon his bids. Upon his refusal, to take the goods and pay for the same, they were upon notice to defendant again put up for sale, and this action was brought to recover the difference in price between the amount of the original bids of the defendant for the goods and the sum they brought upon the resale. Upon the trial the plaintiff’s president testified that he personally conducted the sale, and…
2Cases cited1 opinion
- Owen v. SellNew York Court of Common Pleas · 1895