Legal Opinion
Abounader v. Strohmeyer & Arpe Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 1926PublishedCited by 5 opinions
1Opinion of the CourtDavis, J.
The appeal is from an order denying defendant’s motion to dismiss plaintiff’s complaint and for judgment.
The defendant manufactures a salad oil which it sells in tin containers at wholesale as an article of food. It places a label on these containers giving the trade name of the oil and stating “ net contents J Gal.”
Certain of these cans of salad oil were sold and delivered to a wholesale dealer, from whom the plaintiff, a retail grocer, purchased twenty-four cans.
Some time after they had been so purchased, and on or about December 11, 1922, and March 15, 1923, inspectors for the Department…
2Cases cited15 opinions
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- Willy v. . MulledyNew York Court of Appeals · 1879
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Brown v. ShyneNew York Court of Appeals · 1926
- Chysky v. . Drake Brothers Co.New York Court of Appeals · 1923
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cooper v. WeissblattAppellate Terms of the Supreme Court of New York · 1935
- Town of Waterford v. L. B. Brockett Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Roock v. WomerAppellate Division of the Supreme Court of the State of New York · 1931
- People v. ShoemakerNew York Supreme Court · 1929
- Schmidt v. Merchants Despatch Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1935