New York Hydraulic Press Brick Co. v. Gunn
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the Municipal Court of the city of New York, eleventh district, borough of Manhattan, in favor of the plaintiff, entered upon a verdict directed by the court.
1Opinion of the CourtGiegerich, J.
The action was brought to recover $500, a balance claimed to be due for 53,000 bricks sold and delivered by the plaintiff to the defendants, $800 having been paid on account of the entire purchase price of $1,330; the plaintiff waiving the excess above $500, so that the court below could have jurisdiction. The pleadings were in writing. The answer denied the contract as alleged in the complaint and set up a counterclaim for breach of warranty, claiming that the sale was by sample and that the bricks delivered by the plaintiff did not correspond to the sample. Upon the trial the defendants…
2Cases cited7 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Day v. . PoolNew York Court of Appeals · 1873
- A. & S. Henry & Co. v. TalcottNew York Court of Appeals · 1903
- Beirne and Burnside v. . DordNew York Court of Appeals · 1851
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3Cited by1 opinion
- E. T. Burrowes Co. v. Rapid Safety Filter Co.Appellate Terms of the Supreme Court of New York · 1906