Harris v. Einhorn
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of New York, in favor of the plaintiff, after dismissal of defendant’s counterclaim upon the direction of a verdict by the court.
1Opinion of the CourtWagner, J.
Admitting the plaintiff’s cause of action for goods sold and delivered, the defendant counterclaimed for breach of contract on the part of the plaintiff in failing to deliver the balance of the merchandise. It appeared by stipulation made at the inception of the trial that plaintiff and defendant entered into an oral agreement on October 6, 1919, whereby plaintiff agreed to sell, and' defendant agreed to purchase three pieces of luminette, to be delivered at once, and twenty-one pieces to be shipped during the months of October and November, upon plaintiff’s receipt of the same. Immediate…
2Cases cited4 opinions
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Hadfield v. ColterAppellate Division of the Supreme Court of the State of New York · 1919
- Goodyear Tire & Rubber Co. v. Vulcanized Products Co.New York Court of Appeals · 1920
- McDowell v. Starobin Electrical Supply Co.Appellate Division of the Supreme Court of the State of New York · 1920