Legal Opinion
Hager v. Henneberger
Appellate Terms of the Supreme Court of New York
Decided December 15, 1913PublishedCited by 2 opinions
Appeal by the defendants from a judgment of the Municipal Court of the city of New York, borough, of Manhattan, first district, entered in favor of the plaintiff upon a trial by the court without a jury.
1Opinion of the CourtPage, J.
This action was brought to recover damages for the breach of a contract of sale. The facts are, that the plaintiff was the employee of a commission *418house dealing in eggs, butter, etc. Edgar S. Phelps was an employee of the defendants, likewise commission merchants. Both were members of the Mercantile Exchange. The plaintiff sold to Phelps 100 eases of “ fresh gathered first eggs.” A memorandum was signed of which the following is a copy:
“February 10th 1913.
“ C. H. Hager sells E. B. Phelps 100 cases f. g. firsts delivered within 26 days at 21c per dozen.
“ (signed) C. H. Hager
“ E. B. Phelps.”
The…
2Cases cited1 opinion
- Dykers v. . TownsendNew York Court of Appeals · 1861
3Cited by2 opinions
- Byrne v. McDonoughNew York Supreme Court · 1921
- Knickerbocker Portland Cement Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1926