Langenthal v. Oberman
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the City Court of the city of New York in favor of plaintiff for $400, after a trial by a judge and a jury.
1Opinion of the CourtBijur, J.
An appeal from the first trial, in which plaintiff recovered, resulted in a reversal by this court. Langenthal v. Oberman, 92 Misc. Rep. 162.
The chief and determinative issue in this case, which is a suit for damages for failure to deliver certain flour sold to plaintiff, was whether the contract of sale *636was made by defendant personally or by Mm on behalf of the Grafton Boiler Mill Company. The contract was in writing and signed by both parties. It had been prepared by defendant in triplicate, one copy being intended for the mill company (so defendant testified), one delivered to plaintiff…
2Cases cited1 opinion
- Langenthal v. ObermanAppellate Terms of the Supreme Court of New York · 1915