Atmanchuck v. Sterling Forest Corp.

Though the agreement for the sale of the hoisting unit and the agreement for the pumping unit, which provided both for its rental and for an option for its purchase were within section 85 of the Personal Property Law (see R & L Co. v. Mets, 175 App. Div. 276, aiid. 219 N. Y. 556) there was nevertheless sufficient evidence to establish prima facie acceptance and actual receipt of the goods by the buyer. It is unnecessary to pass on the plaintiff’s further contention that the goods were manufactured especially for the buyer and were not suitable for sale to others in the ordinary course of the…