Legal Opinion

Abe Stein Co. v. Robertson

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899Published

Appeal by the defendant, Julius Robertson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29tli day of October, 1898, upon the verdict of a jury rendered by direction of the court, and.also from.an order entered in said clerk’s office on the 7th day of November, 1898, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Rumsey, J. :

On the 24th of May, 1895, the defendant entered into a contract with the plaintiff, of which the following is a copy;

' ■ “ New York, May 24th, 1895. ■

“ Sold for account of Messrs. L. F. Robertson & Son.
“ To the Abe Stein Company.
“ About 85,000 Tientsin goat skins, firsts, If to 2 lbs. avg., expected to arrive from China, at 22 cts. per lb. Goods to be shipped immediately by steamer or steamers to New York.
*312“ About -| of lot to be medium black haired skins,, and the remainder white or gray haired skins, of which- 40% medium hair, 60%: medium to long hair.
“ Skins to be of the usual-…

2Cases cited5 opinions

  1. Norrington v. WrightSupreme Court of the United States · 1885
  2. Wahl v. . BarnumNew York Court of Appeals · 1889
  3. Clark v. . FeyNew York Court of Appeals · 1890
  4. Sewer Commissioners v. SullivanAppellate Division of the Supreme Court of the State of New York · 1896
  5. Eppens, Smith & Wiemann Co. v. LittlejohnAppellate Division of the Supreme Court of the State of New York · 1898

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