Doxey v. Coates, Bennett & Reidenbach, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Coates, Bennett & Reidenbach, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 20th day of March, 1917, upon the decision of the court, a jury having been waived, with notice of an intention to bring up for review the decision of the court pursuant to which the judgment was entered and also the bill of exceptions filed in the office of the clerk of the county of…
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Appeal by the defendant, Coates, Bennett & Reidenbach, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 20th day of March, 1917, upon the decision of the court, a jury having been waived, with notice of an intention to bring up for review the decision of the court pursuant to which the judgment was entered and also the bill of exceptions filed in the office of the clerk of the county of Chemung on the 27th day of March, 1917.
1Opinion of the Court
Cochrane, J.:
On April 11, 1916, plaintiff made a written contract to sell the defendant from 200 to 300 tons of No. 1, heavy melting steel scrap at sixteen dollars per gross ton, f. o. b. Elmira, N. Y. The scrap was in the yard of D. & H. Rubin in the city of Elmira, from whom the plaintiff had purchased the same, and the 200 to 300 tons specified in the contract with defendant was an estimate of the quantity in the yard of Rubin. The defendant, doing business in Rochester, resold the steel scrap to a concern in Buffalo, and the plaintiff was aware when he made his contract with the defendant…
2Cases cited2 opinions
- Tobias v. . LissbergerNew York Court of Appeals · 1887
- Binger Co. v. BlumbergAppellate Terms of the Supreme Court of New York · 1912
3Cited by3 opinions
- In re the Estate of PeeneNew York Surrogate's Court · 1935
- International Cheese Co. v. GarraAppellate Terms of the Supreme Court of New York · 1919
- Kleartone Transparent Products Co. v. TrentAppellate Division of the Supreme Court of the State of New York · 1964