Gross v. Ajello
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michele Ajello, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of May, 1908, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Miller, J.:
The plaintiff seeks to recover the purchase price of two lots of merchandise separately contracted to be sold to the defendant. He declares on two causes of action: (1) The sale and delivery of a quantity of tomato paste; (2) the breach of an executory contract to purchase a quantity of chick peas. The evidence in support of the first cause of action tended to show the sale of 100 cases of tomato paste, to be manufactured and delivered in separate lots; that 15 cases were delivered and paid for; and that thereafter 85 cases were set aside by the plaintiff and marked for the…
2Cases cited6 opinions
- Dunham v. . MannNew York Court of Appeals · 1853
- Outwater v. DodgeNew York Supreme Court · 1827
- Butler Bros. v. HirzelAppellate Division of the Supreme Court of the State of New York · 1903
- Gray v. . WaltonNew York Court of Appeals · 1887
- Butler Brothers v. . HirzelNew York Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- British Aluminium Co. v. TreftsAppellate Division of the Supreme Court of the State of New York · 1914
- Makepeace v. Dilltown Smokeless Coal Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Miller & Sons Co. v. E. M. Sergeant Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Economu v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1921
- Hubbard v. Rockaway Lunch Co.New York Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.