Dochtermann Van & Express Co. v. Fiss, Doerr & Carroll Horse Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Dochtermann Van and Express Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 13th day of May, 1910, setting aside the verdict of a jury theretofore rendered in favor of the plaintiff and dismissing the complaint, and also from a judgment entered in said clerk’s office on the 13th day of April, 1910, as amended, dismissing the complaint pursuant to…
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Appeal by the plaintiff, The Dochtermann Van and Express Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 13th day of May, 1910, setting aside the verdict of a jury theretofore rendered in favor of the plaintiff and dismissing the complaint, and also from a judgment entered in said clerk’s office on the 13th day of April, 1910, as amended, dismissing the complaint pursuant to the said order appealed from.
1Opinion of the Court
Laughlin, J.:
Both parties to the action are corporations. The plaintiff was engaged in the business of furniture and piano moving and general trucking, and the defendant, among other things, sold automobile trucks in its own right. On or about the 9th day of May, 1907, the plaintiff and defendant entered into an agreement in writing by vzhich the defendant agreed to sell and the plaintiff agreed to purchase “one two-ton Reliance truck” for $2,500, and the terms of payment as provided in the contract were twenty per cent cash with the order and the balance within fifteen days from the date of…
2Cited by6 opinions
- Pessagno v. Euclid Inv. Co.Court of Appeals for the D.C. Circuit · 1940
- Hoffman v. American Mills Co.Court of Appeals for the Second Circuit · 1923
- Gartner v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1922
- In re BoyleAppellate Division of the Supreme Court of the State of New York · 1915
- Mysliwiec v. W. Lowenthal Co.Appellate Division of the Supreme Court of the State of New York · 1952
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