Sipe v. National Silk Dyeing Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of plaintiffs.
1Opinion of the CourtPhilbin, J.
The plaintiffs brought this action to recover the agreed price of two patented wheels made for the defendant’s motor truck. The agreement to sell was made orally, but confirmed by a letter, dated the 7th of April, 1915, from the plaintiffs, in which it was stated that the wheels were sold subject to a trial for thirty days immediately following delivery. The plaintiffs also guaranteed the wheels “for one year without restriction, including even accidents, excepting abuse only.” The delivery of the goods by the plaintiff to the defendant was made on the 16th of June, *6211915, and they were…
2Cases cited1 opinion
- McCormick Harvesting Machine Co. v. WarfieldAppellate Division of the Supreme Court of the State of New York · 1898