Shimel v. Williams Oven Manufacturing Co.
Appellate Terms of the Supreme Court of New York
These are two actions between the same parties. Plaintiff appeals in one action from a judgment of the Municipal Court, borough of Manhattan, second district, dismissing the complaint, and defendant appeals in the other action from a judgment entered on a verdiet for $472.50 and from an order denying its ¿notion to reduce the verdict from $472.50 to $377.50.
1Opinion of the CourtFinch, J.
One of these actions was brought to recover the entire purchase -price, and the other payments on account of the purchase price for ovens respectively purchased of the defendant by the plaintiff for his Bivington and Houston street stores. Plaintiff claims that the ovens are not in accordance with certain oral representations alleged to have been made by defendant’s agent at the time of the sale. These ovens were sold upon condition that title was not to pass to the plaintiff until they were entirely paid for. One action was dismissed by the court because it was undisputed that title to the…
2Cases cited3 opinions
- Peuser v. MarshAppellate Division of the Supreme Court of the State of New York · 1915
- G. B. Shearer Co. v. Kakoulis, New York County Courts1913
- Hauss v. SavareseAppellate Terms of the Supreme Court of New York · 1914
3Cited by1 opinion
- Saunders v. CowlSupreme Court of Minnesota · 1938