Seelav v. McKenzie
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Max Seelav and another against William U. McKenzie. From an interlocutory judgment overruling a demurrer to a separate defense for insufficiency, plaintiffs appeal. Reversed.
1Per curiam
The complaint alleges the sale and delivery of “goods, wares, and merchandise” on or about the 10th day of September, 1904. The separate defense demurred to alleges a contract made on August 5, 1904, whereby the plaintiffs sold and agreed to deliver to the defendant several quantities of lumber of various sorts, and that on September 10, 1904, the defendant received from the plaintiffs a quantity of lumber, largely in excess of the amount ordered in some sizes, and lacking in other sizes; also that the defendant has accepted and paid for such portions of the shipment as were covered by and…
2Cases cited1 opinion
- Ivy Courts Realty Co. v. MortonAppellate Division of the Supreme Court of the State of New York · 1902