Lilienthal v. George Bechtel Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Albert Lilienthal and another, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk. of the county of New York on the 3d day of December, 1906, upon 'the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiffs’ demurrer to the counterclaim set forth in the defendant’s answer.
1Opinion of the Court
Scott, J.:
The complaint alleges that a contract was entered into on March 4, 1904, for sale and delivery by plaintiffs to defendant of a quantity of hops, of which a part was to be delivered and received during the season commencing in December, 1905, and a part during the season commencing December, 1906; that defendant has repudiated the contract and refused to accept the hops deliveranle in the *206season beginning in December, 1905. The purpose of the action is to recover damages for the breach.
The defendant sets up a counterclaim, the plaintiffs’ demurrer to which has bben overruled.
The…
2Cases cited4 opinions
- Van Dyke v. WoodAppellate Division of the Supreme Court of the State of New York · 1901
- Buck v. HoughtalingAppellate Division of the Supreme Court of the State of New York · 1905
- Martin v. New Rochelle Water Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Martin v. . New Rochelle Water CompanyNew York Court of Appeals · 1900
3Cited by16 opinions
- Criterion Holding Co. v. CerussiNew York Supreme Court · 1931
- L. Heller & Son, Inc. v. Lassner Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Abelman v. Indelli & Conforti Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Marine Midland Bank v. StukeyAppellate Division of the Supreme Court of the State of New York · 1980
- Feyh v. Brandtjen & Kluge, Inc.Appellate Division of the Supreme Court of the State of New York · 1956
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