Blick v. Fabian
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Samuel Blick against Hyman Fabian and others. From an order of the city court setting aside a verdict for plaintiff and granting a new trial, plaintiff appeals. Affirmed.
1Opinion of the CourtDavis, J.
Plaintiff brought this action to recover $724.50 as the contract price for canned eggs alleged to have been sold by him to the defendants. The defendants denied the making of the contract, and alleged affirmatively that the goods were unfit for use, etc. The alleged contract was for the purchase of 10,140 pounds of canned eggs, to be delivered and paid for in installments, all deliveries to be made on or before January 1, 1903. Several deliveries were made and payments received. On January 1, 1903, the plaintiff tendered to defendants the balance of the goods. Upon defendants’ refusing to…
2Cases cited2 opinions
- Hayden v. . DemetsNew York Court of Appeals · 1873
- Gray v. Central Railroad Co. of New JerseyNew York Supreme Court · 1894
3Cited by1 opinion
- French Fur Dyeing & Blending Co. v. GerschAppellate Terms of the Supreme Court of New York · 1911