American Broom & Brush Co. v. Addickes
Appellate Terms of the Supreme Court of New York
Appeal from judgment rendered by the justice of the First Judicial District Court in favor of the plaintiff. Action for goods sold and delivered.
1Opinion of the CourtBisohoef, J.
This action waS brought for the agreed contract price of certain brooms sold and delivered by the plaintiff’s assignor to the defendant’s firm, and the defendant set up a counterclaim, based upon the failure of delivery of the full amount of goods ordered, alleging the contract to have been entire.
These issues had dependence upon the terms of the agreement for the sale and delivery of these goods and were to be resolved agreeably to the proof as to which one of' the parties was in default, but the evidence as to such terms, and so as to the sufficiency of the performance based upon them, was.…
2Cases cited3 opinions
- Murphy Varnish Co. v. ConnellNew York Supreme Court · 1894
- Orvis v. JenningsNew York Court of Common Pleas · 1876
- Soltau v. Goodyear Vulcanite Co.New York Court of Common Pleas · 1895
3Cited by6 opinions
- Bruner v. Kansas Moline Plow Co.Court of Appeals for the Eighth Circuit · 1909
- New York Architectural Terra-Cotta Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1905
- Bruner v. Kansas Moline Plow Co.Court Of Appeals Of Indian Territory · 1907
- Mutual Manufacturing Co. v. AlpaughIndiana Supreme Court · 1910
- Samuelson v. MayerAppellate Terms of the Supreme Court of New York · 1909
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