Legal Opinion

Silberman v. Engel

Appellate Terms of the Supreme Court of New York

Decided October 25, 1924PublishedCited by 3 opinions

1Per curiam

Judgment unanimously modified upon the law by increasing the amount of plaintiffs’ recovery to $894.11, with interest and appropriate costs in the court below, and, as so modified, affirmed, with $25 costs to appellants.

Plaintiffs’ claim was conceded. Defendants’ counterclaim should not have been allowed. It was based upon an alleged breach of warranty in the sale of goods. The goods were received by the defendants on August 9, 1923. Within three days thereafter they had been examined by defendants, and at that time the alleged defects had been discovered and the claimed breach of warranty…

2Cases cited4 opinions

  1. Henderson Tire & Rubber Co. v. P. K. Wilson & Son, Inc.New York Court of Appeals · 1923
  2. Silberstein v. BlumAppellate Division of the Supreme Court of the State of New York · 1915
  3. Kaufmann v. LevyAppellate Terms of the Supreme Court of New York · 1918
  4. Schnitzer v. LangAppellate Division of the Supreme Court of the State of New York · 1924

3Cited by3 opinions

  1. Hazelton v. First National Stores, Inc.Supreme Court of New Hampshire · 1937
  2. 42nd Street Fotoshop, Inc. v. United StatesDistrict Court, S.D. New York · 1955
  3. Dailey Mills, Inc. v. StateNew York Court of Claims · 1951

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