Bauman v. Mendle-Lunepp Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Hyman Bauman and others against the Mendle-Lunepp Company. From a judgment for plaintiffs, and from an order denying its motion for a new trial, defendant appeals.
1Opinion of the CourtGuy, J.
The action is brought to recover the alleged agreed price for 50 pieces of No. 519 net alleged to have been sold by the plaintiffs to the defendant. The answer denies all the allegations of the complaint, except that of nonpayment, and sets up by way of a first defense that the plaintiffs agreed to sell and deliver to defendants 50 pieces of net of a certain kind and quality; that plaintiffs failed to deliver such merchandise, but tendered merchandise inferior to said kind and quality, which defendant subsequently returned as not in conformity with the contract. As a second defense the answer…
2Cases cited2 opinions
- Evans v. PeltaAppellate Division of the Supreme Court of the State of New York · 1911
- Seymour v. WarrenAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Bauman v. Mendle-Lunepp Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Bauman v. Mendle-Lunepp Co.Appellate Division of the Supreme Court of the State of New York · 1915