Clarke v. . Schmidt
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 13, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in its instructions as to the law applicable to this case.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 13, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in its instructions as to the law applicable to this case. (Bierman v. City Mills Co., 151 N. Y. 482; Waeber v. Talbot, 167 N. Y. 48.) The court erred in its instructions as to the measure of damages for breach of warranty, and as to the evidence necessary to prove damages. (Voorhees v. Earl, 2…
1Opinion of the CourtCuddeback, J.
The plaintiff’s assignor, the E. Richard Meinig Company, is a manufacturer of gloves at Reading, Pa., and the defendant is a jobber of the same in New York city. In May, 1907, the defendant ordered 5,300 dozen pairs of ladies’ silk gloves to be manufactured by the Meinig Company and to be delivered at intervals of about a month up to May, 1908. The contract provided that the gloves should be packed in boxes, each box to contain one-half dozen pairs of gloves of the size labeled on the box.
Prior to the month of April, 1908, the Meinig Company had shipped to the defendant and the defendant had…
2Cases cited1 opinion
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