Carter, Macy Co. v. Matthews
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtFinch, J.
The questions presented by this appeal are whether there is an ambiguity in a term of a contract so as to present an issue of fact, whether an action may be brought for the purchase price or only for the damages suffered, and whether the action is barred by the Statute of Frauds.
The plaintiff brought three actions against the defendants to recover the purchase price of three lots of tea. These were consolidated and tried as one action. In the first action the plaintiff alleged that plaintiff’s assignor “ agreed to deliver to the defendants at New York 900 half chests of Government Standard…
2Cases cited10 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
- Societa Italiana Di Beneficenza v. SulzerNew York Court of Appeals · 1893
- G. Robison & Co. v. KramAppellate Division of the Supreme Court of the State of New York · 1921
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3Cited by15 opinions
- United States v. Bushwick Mills, Inc.Court of Appeals for the Second Circuit · 1947
- John E. Rosasco Creameries, Inc. v. CohenAppellate Division of the Supreme Court of the State of New York · 1936
- Costello v. O'KaneAppellate Division of the Supreme Court of the State of New York · 1952
- George v. Sparwood Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1970
- Halleran v. ManzioneNew York Supreme Court · 1938
10 more not listed; retrieve them via the Exa API.