Isaacs v. Terry & Tench Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Terry & Tendh Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 29th day of Hovémber, 1907, affirming a judgment of the City Court of the city of Hew York in favor of the plaintiff, entered in the office of the clerk of said court on the 29th day of May,. 1907, upon the verdict of the jury, and an order of' said City Court entered in said clerk’s office on the 3d day…
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Appeal by the defendant, Terry & Tendh Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 29th day of Hovémber, 1907, affirming a judgment of the City Court of the city of Hew York in favor of the plaintiff, entered in the office of the clerk of said court on the 29th day of May,. 1907, upon the verdict of the jury, and an order of' said City Court entered in said clerk’s office on the 3d day of June, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Concurrence
Laughlin, J. (concurring):
I concur in a reversal of the judgment, but not in all of the grounds assigned therefor in the opinion of Mr. Justice McLaughlin.
*536The plaintiff was to manufacture or procure the manufacture of steel beams and channels according to specifications to be furnished by the defendant. The manufactured goods were to aggregate in weight 500 tons. The defendant furnished no specifications, but according to the evidence introduced on behalf of the plaintiff, authorized the plaintiff to dispose of 200 tons of the steel, which was done. The action is based upon evidence showing a…
2Cases cited2 opinions
- Belle of Bourbon Co. v. LefflerAppellate Division of the Supreme Court of the State of New York · 1903
- Isaacs v. Terry & Tench Co.Appellate Terms of the Supreme Court of New York · 1907