Legal Opinion
Avery v. Chapman
New York Supreme Court
Decided February 17, 1911PublishedCited by 5 opinions
Action by Sophia M. Avery against Eugene J. Chapman. On defendant’s motion for a new trial.
1Opinion of the CourtFoote, J.
On the 3d day of June, 1910, defendant, who was a dealer in pianos, entered into a contract on one of defendant’s printed forms with Erwin J. Fowley and Lillian May Fowley for the sale to them of a piano for the price of $265, to be paid in installments of $5 on August 1st following and $1.25 per week thereafter, with interest. The contract contained these provisions:
“It is also mutually understood and agreed that said E. J. Chapman, or his assigns, do not part with, nor do I acquire any interest whatsoever in said instrument until the whole of said purchase price and interest is fully paid,…
2Cases cited4 opinions
- Frisch v. WellsMassachusetts Supreme Judicial Court · 1909
- Whitney v. AbbottMassachusetts Supreme Judicial Court · 1906
- Kirk v. CrystalAppellate Division of the Supreme Court of the State of New York · 1907
- Orcutt v. RickenbrodtAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
- Murray v. McDonaldSupreme Court of Iowa · 1927
- Ratchford v. Cayuga County Cold Storage & Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Henry Pels & Co. v. OltarshAppellate Terms of the Supreme Court of New York · 1911
- Freeman v. MenkesCity of New York Municipal Court · 1915