Goldowitz v. Henry Kupfer & Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from a judgment of the City Court of the city of New York dismissing the complaint.
1Opinion of the CourtGuy, J.
This is an action to recover damages for the nondelivery of goods alleged to have been sold by defendant to plaintiffs.
The defence relied upon at the trial was the Statute of Frauds, viz., that no valid sale was shown.
An order on a blank printed by defendant, with its name and address at the top, for the sale of the goods in question to the plaintiffs, giving the terms of sale, time of delivery, and price of each item of goods, wTas signed by one of the plaintiffs; At the foot of the order was a printed guaranty of the price, coupled with the privilege of canceling the order signed, in print,…
2Cases cited2 opinions
- Warren Chemical & Manufacturing Co. v. HolbrookNew York Court of Appeals · 1890
- Meyer Bros. Drug Co. v. McKinneyAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by4 opinions
- Cohen v. WolgelAppellate Terms of the Supreme Court of New York · 1919
- Dorian Holding & Trading Corp. v. Brunswick Terminal & Railway Securities Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Eagle Paper Box Co. v. Gatti-McQuade Co.Appellate Terms of the Supreme Court of New York · 1917
- Goldowitz v. Henry Kupfer & Co.Appellate Terms of the Supreme Court of New York · 1914