International Battery Co. v. Westreich
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, International Battery Company, Inc., from a. judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of March, 1917, 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 23d day of March, 1917, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiff was a manufacturer of electric batteries for electric pocket lights. It made a contract with the defendant to deliver to him 200,000 batteries at prices mentioned, for sale in London. The agreement contained this provision: “ That the said International Battery Company agrees to deliver said goods at such times and in such quantities as required and requested by the said D. Westreich and all of said batteries to be in first class order, the said International Battery Company agreeing to replace any batteries which may be faulty six months from the date of their…
2Cited by4 opinions
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- In re Proving the Last Will & Testament of JacobsteinAppellate Division of the Supreme Court of the State of New York · 1938
- McTiernan v. City of Little FallsAppellate Division of the Supreme Court of the State of New York · 1954
- Misner v. KuchenreutherAppellate Division of the Supreme Court of the State of New York · 1925