Legal Opinion

American Can Co. v. Grassi Contracting Co.

Appellate Terms of the Supreme Court of New York

Decided January 15, 1918PublishedCited by 6 opinions

Appeal by the defendant from, a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, entered in favor of the plaintiff and from an order denying defendant’s motion for a new trial.

1Opinion of the CourtLehman, J.

The plaintiff herein alleges in its complaint that it is a foreign corporation and that it sold and delivered to the defendant certain merchandise of the reasonable value and agreed price of thirty-nine dollars, and that defendant has refused to pay said amount or any part thereof except the sum of three dollars. The answer is merely a general denial. At the trial the sale and delivery to the defendant of the adding machine at the price stated in the complaint was not disputed but the defendant introduced some testimony to show that under the terms of the contract it had the right to return…

2Cases cited2 opinions

  1. Manufacturers' Commercial Co. v. BlitzAppellate Division of the Supreme Court of the State of New York · 1909
  2. Angldile Computing Scale Co. v. GladstoneAppellate Division of the Supreme Court of the State of New York · 1914

3Cited by6 opinions

  1. Redfield v. First Nat. Bank of Brigham CityUtah Supreme Court · 1925
  2. Ac-tin-o-lyte Roofing Co. v. WernerAppellate Division of the Supreme Court of the State of New York · 1924
  3. McDowell v. Starobin Electrical Supply Co.Appellate Terms of the Supreme Court of New York · 1918
  4. Western Felt Works v. Modern Carpet Cleaning & Storage Corp.City of New York Municipal Court · 1931
  5. Spiegel, May, Stern Co. v. MitchellNew York Supreme Court · 1925

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