Rosen v. F. W. Woolworth Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Bernard Rosen and another against the F. W. Woolworth Company. From a judgment for plaintiffs, after a trial without a jury, defendant appeals.
1Opinion of the CourtBijur, J.
Plaintiffs sue for the purchase price of certain goods delivered to defendant. Defendant counterclaims for breach of warranty. The goods were admittedly sold by sample, and the question of fact in the case was whether they corresponded with the samples. Defendant’s manager testified that they did not. Plaintiffs’ testimony *2to the contrary was of a rather indirect character; their former salesman, who had taken the samples to defendant, not being produced as a witness, nor his absence explained.- Indeed, the identity and the whereabouts of the samples were left in some doubt, or, at least, in…
2Cases cited2 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Larrowe Milling Co. v. Lyons Beet Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1910