Schwartz v. Kohn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Louis Schwartz and Berman Birnbaum, copartners doing business as Schwartz & Birnbaum, against Herbert R. Kohn and Max Smith, copartners doing business as the Kohn & Smith Manufacturing Company. From a judgment for plaintiffs, defendants appeal. Reversed, and complaint dismissed.
1Opinion of the CourtPage, J.
The action was to recover for goods sold and delivered. It was apparent from the plaintiff’s testimony that the sale was of “pussy willow” taffeta by sample. It was conclusively proved that the goods delivered were not “pussy willow” taffeta, nor were they of the quality of the sample. Upon inspection, immediately after delivery, the defendant discovered these facts, and returned the goods by an express company. The plaintiff refused to accept the return, and brought an action for the agreed price, and has recovered judgment.
The plaintiff claims to have sold the goods “as is,” and they were…
2Cited by2 opinions
- Industrial Rayon Corp. v. Clifton Yarn Mills, Inc.Supreme Court of Pennsylvania · 1932
- Caledonian Alloys, Inc. v. Solumet Metal & Powder Inc.District Court, S.D. New York · 2016