Sheldon v. Argos Mercantile Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Argos Mercantile Corporation, 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 8th day of April, 1920, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of April, 1920, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J.:
The action is brought to recover damages for the alleged breach of a contract for the sale of 2,000 tons of sugar. The contract in question is alleged to have been made on the 30th day of August, 1919, and is evidenced by a letter written by the the defendant to Messrs. B. A. Kueckler Company, plaintiff’s brokers, under the above date, which letter reads as follows.
“ New York, Aug. 30, 1919.
“ Messrs. B. A. Kueckler Co.,
“ 130 Pearl St.,
“ New York City:
“ Gentlemen.— We hereby confirm our agreement of August 29th, to purchase through you from Mr. R. D. Sheldon, 366 Lexington Ave.,…
2Cases cited4 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Windmuller v. PopeNew York Court of Appeals · 1887
- O'Gara v. EllsworthAppellate Division of the Supreme Court of the State of New York · 1903
- Wyllys Co. v. NixonAppellate Division of the Supreme Court of the State of New York · 1914