Smiley Steel Co. v. Schmoll
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Lucien Schmoll and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of December, 1921, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J.:
The action was brought to recover the sum for which the verdict was directed as the purchase price of 52,000 pounds of " 4-point 3.12 gauge ” galvanized barb wire, which the plaintiff alleges it agreed to sell and deliver to the defendants and the defendants agreed to purchase and accept from the plaintiff and to pay plaintiff therefor the sum of five dollars and ten cents per 100 pounds, delivery to be f. a. s. Ward Line Dock, New York.
The defendants, upon the trial and upon this appeal, took issue with the plaintiff, first, as to whether any valid, binding contract was entered…
2Cases cited9 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Matthews v. . HubbardNew York Court of Appeals · 1872
- Mahar v. ComptonAppellate Division of the Supreme Court of the State of New York · 1897
- Lighthouse v. Third National BankNew York Court of Appeals · 1900
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3Cited by4 opinions
- Walker v. BradtAppellate Division of the Supreme Court of the State of New York · 1929
- Hespe v. Corning Glass Works, Inc.District Court, W.D. New York · 1935
- Tetreault v. StateNew York Court of Claims · 1966
- Baright v. WalskaAppellate Division of the Supreme Court of the State of New York · 1925