Rose v. Wells
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harrison Wells, from a judgment of the County Court of Cortland county in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 26th day of May, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of June, 1897, denying the defendant’s motion for a new trial- made upon the minutes.
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Appeal by the defendant, Harrison Wells, from a judgment of the County Court of Cortland county in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 26th day of May, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of June, 1897, denying the defendant’s motion for a new trial- made upon the minutes. The action was commenced in a Justice’s Court, and the justice having rendered judgment in favor of the plaintiff, the defendant appealed to the County Court and demanded a new trial.
1Opinion of the Court
Landon J.:
The plaintiff alleged the sale and delivery of a carload of cabbages to the defendant at $7.50 per ton, amounting to $116, and has recovered that sum.
The defendant, besides making a general denial, alleged that he promised and agreed to buy a carload of cabbages of' the plaintiff at seven dollars and fifty cents per ton, provided they were first quality in every respect, and said to the plaintiff that he had not seen the cabbages^ and if the cabbages sold for less than seven dollars and fifty cents per ton the plaintiff was to stand the loss, to which the plaintiff agreed; that the…
2Cases cited1 opinion
- Blunt v. . BarrettNew York Court of Appeals · 1891
3Cited by1 opinion
- Rosenstein v. Casein Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1906