Prager v. J. S. Scheff & Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from judgment of the City Court of the city of New York, entered on verdict directed for plaintiff, and from order denying motion for new trial.
1Opinion of the CourtGuy, J.
Action for goods sold and delivered under written contract dated September 10, 1918, by which plaintiff undertook to furnish defendant with 40,000 yards first quality raw poplin at $1.12% per yard, “ delivery at mill; Beginning October and continuing at the rate of six to eight per cent, weekly. * * * Shipping instructions: Bill goods and hold. Terms: F. O. B. mill. Net ten days. * * * All goods shall be deemed accepted and all claims under contract waived, unless goods are inspected and seller notified of claims in writing within 5 days after delivery. Partial deliveries, if retained by…
2Cited by1 opinion
- Harbison v. PropperNew York Supreme Court · 1920