Pakas v. Hollingshead
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Solomon L. Pakas, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 9th day of January, 1904, upon the decision of the court, rendered after a trial at the New York Trial Term, a jury having been waived, dismissing the plaintiff’s complaint.
1Opinion of the Court
O’Brien, J.:
For the reasons given by Mr. Justice Greenbaum in his opinion at the Trial Term, we think the judgment appealed from should be affirmed, with costs.
Van Brunt, P. J., and Patterson, J., concurred; Hatch and Laughlin, JJ., dissented.
The following is the opinion of Mr. Justice Greenbaum, delivered at the New York Trial Term:
Greenbaum, J.:
The defendants, by written contract dated August 30, 1898, sold to the plaintiff 50,000 pairs of Hercules bicycle pedals at certain stipulated prices, deliveries to begin immediately, 500 pairs weekly until December first, after that 1,000 pairs…
2Cases cited6 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Perry v. . DickersonNew York Court of Appeals · 1881
- Seed v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1901
- Elliott v. MillerNew York Court of Common Pleas · 1892
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