Gutman v. Weisbarth
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Eugene Gutman and another, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 9th day of June, 1920, reversing a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Fifth District, in favor of the plaintiffs, entered in the office of the clerk of said court on the 18th day of February, 1920, upon the verdict of a jury, and ordering…
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Appeal by the plaintiffs, Eugene Gutman and another, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 9th day of June, 1920, reversing a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Fifth District, in favor of the plaintiffs, entered in the office of the clerk of said court on the 18th day of February, 1920, upon the verdict of a jury, and ordering a new trial.
1Opinion of the Court
Laughlin, J.:
The action is for damages for breach of a contract by which the plaintiffs agreed to sell and deliver to defendants fifty pieces of sleeve linings for coats, known in the trade as “Antwerp sleeves.” The plaintiffs alleged that defendants refused to accept the goods when duly tendered pursuant to. the contract as modified by mutual agreement of the parties or to pay therefor and judgment was demanded for the difference between the market' value and the contract price of the goods. The answer put in issue the allegations of the complaint with respect to the modification of the…
2Cases cited6 opinions
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Cole v. Fall Brook Coal Co.New York Supreme Court · 1895
- Meinrenken v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- McMahon v. JacobAppellate Division of the Supreme Court of the State of New York · 1902
- New York Evening Journal Publishing Co. v. William F. Simpson Advertising Co.Appellate Terms of the Supreme Court of New York · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Werthner v. OleninNew York Supreme Court · 1945
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1971
- Deutsch v. Doctors Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
- Curran v. HigginsAppellate Division of the Supreme Court of the State of New York · 1927
- Jahn v. Commercial Travelers Mutual Accident Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1940
1 more not listed; retrieve them via the Exa API.