Bauman v. Mendle-Lunepp Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Hyman Bauman and another, from a determination of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on or about the 10th day of June, 1915, reversing a judgment of the City Court of the City of New York in plaintiffs’ favor.
1Opinion of the Court
*205The following is the opinion of the Appellate Term:
Guy, J.:
The action is brought to recover the alleged agreed price for fifty pieces of Ho. 519 net, alleged to have been sold by plaintiffs to defendant.
The answer denies all the allegations of the complaint except that of non-payment, and sets up by way of a first defense that plaintiffs agreed to sell and deliver to defendant fifty pieces of net of a certain kind and quality; that plaintiffs failed to deliver such merchandise, but tendered merchandise inferior to said kind and quality, which defendant subsequently returned as not in…
2Cases cited2 opinions
- Evans v. PeltaAppellate Division of the Supreme Court of the State of New York · 1911
- Seymour v. WarrenAppellate Division of the Supreme Court of the State of New York · 1901