Cochrane Carpet Co. v. Howells
New York Supreme Court
Appeal from special term, New York county. Action by Cochrane Carpet Company against Henry C. Howells, Jr., and another, to recover the price of goods sold. From an order directing a reference, defendants appeal. For decision on appeal from order requiring defendants to furnish a bill of particulars, see 30 N. Y. Supp. 1029.
1Per curiam
It is alleged in the complaint that between September 16, 1892, and April 8, 1893, plaintiff sold and delivered to the defendants goods, wares, and merchandise at the agreed price of $3,381.42. Upon the motion to refer, it appeared by the affidavits served in behalf of the plaintiff that the merchandise was sold on 10 different dates, and consisted of 133 pieces of goods. The defendants by their answer deny the allegation contained in the complaint, that the goods and merchandise at the agreed price mentioned were sold and delivered. This presents a material issue. The defendants have not…
2Cited by2 opinions
- Federal Fuel Co. v. MacyNew York Supreme Court · 1927
- Cochrane Carpet Co. v. HowellsNew York Supreme Court · 1895