De Vivo v. Gallerani
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of New York, in favor of plaintiff, entered on the verdict of a jury.
1Per curiam
We are of the opinion that the complaint should have been dismissed.. There can be no doubt that the contract, which was for the sale of 300 barrels of wine, was entire. The fact that the defendant made, and the plaintiff accepted, deliveries of part of the wine in small installments, cannot change the character of the contract in that regard. Pakas v. Hollingshead, 184 N. Y. 211. Nor did such course of *608conduct bring the case within the provisions of subdivision 2 of section 126 of the Personal Property Law, dealing with a “ contract to sell goods to be delivered by stated installments.” The…
2Cases cited6 opinions
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
- Raabe v. . SquierNew York Court of Appeals · 1895
- Rubber Trading Co. v. Manhattan Rubber Manufacturing Co.New York Court of Appeals · 1917
- Gardner v. . ClarkNew York Court of Appeals · 1860
- Hadfield v. ColterAppellate Terms of the Supreme Court of New York · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Shirai v. BlumAppellate Division of the Supreme Court of the State of New York · 1924