A. B. Cleveland Co. v. A. C. Nellis Co.
New York Court of Common Pleas
Appeal from city court, general term. Action by the A. B. Cleveland Company against the A. C. Nellis Company to recover the purchase price of seed sold and delivered by plaintiff to defendant, the answer admitting the sale and delivery of the seed, but denying the value thereof, and also seeking by way of, counter-claim to recover damages for plaintiff’s alleged breach of warranty in the sale and delivery of seed other than that for the recovery of the purchase price of…
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Appeal from city court, general term. Action by the A. B. Cleveland Company against the A. C. Nellis Company to recover the purchase price of seed sold and delivered by plaintiff to defendant, the answer admitting the sale and delivery of the seed, but denying the value thereof, and also seeking by way of, counter-claim to recover damages for plaintiff’s alleged breach of warranty in the sale and delivery of seed other than that for the recovery of the purchase price of which this action was brought. Defendant appeals from a judgment of the general term of the city court affirming a judgment…
1Opinion of the CourtBisctioff, J.
As it was conceded upon the trial that defendant was in-
debted to plaintiff on account of the first cause of action set forth in the complaint in the sum of $340.39, and the second cause of action was withdrawn, the contention of the parties to this action was limited to- defendant’s-right to recover upon the counter-claim averred in the answer. Defendant claimed that some time in or about the years 1887 or 1888 one John H..Flanders was plaintiff’s authorized agent for the sale of seed, and as such-sol'd and) delivered to the defendant a quantity of seed peas, representing and warranting them…
2Cases cited4 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Honegger v. . WettsteinNew York Court of Appeals · 1883
- Trustees of the First Baptist Church v. Brooklyn Fire InsuranceNew York Supreme Court · 1862
3Cited by1 opinion
- Howe v. SchweinbergCity of New York Municipal Court · 1892