Lamb v. Traitel
New York Court of Common Pleas
Appeal from Eighth district court. Action by Joseph Lamb and another against Benjamin D. Traitel and others for the price of goods sold and delivered. From a judgment in favor of plaintiffs, rendered by the justice without a jury, for a part only of the amount sued for, plaintiffs appeal. Affirmed.
1Opinion of the CourtBischoff, J.
This action was brought to recover the agreed price, as alleged, of 19,718 pounds of lithographing stone sold and *1076delivered by plaintiffs to defendants. The facts in the case appear to be that the defendants, being in need of some small quantity of this stone, approached the plaintiffs with an offer of purchase. Plaintiffs declined to sell the small amount required, but proposed a sale at the price of one cent per pound, should defendants take all-in stock at that price. The amount in stock was approximated by plaintiffs to be “between two and three tons,” and defendants thereupon concluded…
2Cases cited3 opinions
- Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888
- Hayden v. . DemetsNew York Court of Appeals · 1873
- Scott v. WarnerNew York Supreme Court · 1870