Legal Opinion

Isaacs v. Terry & Tench Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 1908PublishedCited by 4 opinions

Appeal by the defendant, Terry & Tendh Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 29th day of Hovémber, 1907, affirming a judgment of the City Court of the city of Hew York in favor of the plaintiff, entered in the office of the clerk of said court on the 29th day of May,. 1907, upon the verdict of the jury, and an order of' said City Court entered in said clerk’s office on the 3d day…

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Appeal by the defendant, Terry & Tendh Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 29th day of Hovémber, 1907, affirming a judgment of the City Court of the city of Hew York in favor of the plaintiff, entered in the office of the clerk of said court on the 29th day of May,. 1907, upon the verdict of the jury, and an order of' said City Court entered in said clerk’s office on the 3d day of June, 1907, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J. :

The correspondence between the parties established an agreement by the defendant to purchase of the plaintiff certain iron or steel beams, to be used in the construction of a building in the city of. Hew York, at one dollar and eighty-five cents per 100 pounds on steamship dock, Hew York, specifications to be furnished by defendant. Parol evidence was introduced to determine' the amount contracted for, which the jury found to have been 500 tons. The plaintiff admits having sold 200 tons of the beams, with the permission and consent of the defendant, and this action was brought…

2Cases cited5 opinions

  1. Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
  2. Todd v. . GambleNew York Court of Appeals · 1896
  3. Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
  4. Kelso v. MarshallAppellate Division of the Supreme Court of the State of New York · 1897
  5. Rauscher v. CronkNew York Supreme Court · 1888

3Cited by4 opinions

  1. Isaacs v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Isaacs v. Terry & Tench Co.Appellate Terms of the Supreme Court of New York · 1908
  3. McKegney v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1917
  4. Meyer Bros. Drug Co. v. McKinneyAppellate Division of the Supreme Court of the State of New York · 1910

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