Standard Materials Co. v. Thomas B. Bowne & Son Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Standard Materials Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of January, 1907, granting the defendant’s motion for a bill of particulars.
1Opinion of the Court
Clarke, J.:
The complaint alleges two causes of action, one for damages for wrongful refusal to accept certain bricks tendered under a contract of purchase and sale, and, second, for money laid out for the use and benefit of the defendant at its request. The defendant has not yet answered. The complaint sets up the contract in ipsissimis verbis, and alleges the acceptance of two deliveries thereunder and, upon certain specific dates, the refusal by the defendant to accept three other duly tendered deliveries.
In American Credit Indemnity Co. v. Bondy (17 App. Div. 328) this court held that…
2Cases cited2 opinions
- American Credit Indemnity Co. v. BondyAppellate Division of the Supreme Court of the State of New York · 1897
- Hicks v. EgglestonAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Bailey v. MayerNew York Supreme Court · 1907