Equitable Trading Co. v. Stoneman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William J. Stoneman and another, from a judgment of the -County Court of Albany county in favor of the plaintiff, entered in the'office -of the clerk of said' county on the 13th day of October, 1908, upon an order of .said County Court bearing date the 6th day of July, 1908, 'and entered in said clerk’s office, affirming a judgment of the City Court of Albany, with notice of an intention to bring up for review upon such appeal the said order of July…
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Appeal by the defendants, William J. Stoneman and another, from a judgment of the -County Court of Albany county in favor of the plaintiff, entered in the'office -of the clerk of said' county on the 13th day of October, 1908, upon an order of .said County Court bearing date the 6th day of July, 1908, 'and entered in said clerk’s office, affirming a judgment of the City Court of Albany, with notice of an intention to bring up for review upon such appeal the said order of July 6, 1908;
1Opinion of the Court
Cochrane, J.:
Plaintiff recovered a judgment for the purchase price of varnish sold and delivered to defendants. The defense is that the -contract of purchase was an entire one and not severable, and that the plaintiff failed to deliver the full amount purchased.
The order was for one hundred and twenty gallons Supremis var*377nish at two dollars and fifty cents' per gallon; twelve gallons of Navalite at four dollars per gallon, and twelve gallons of Architectural Coach at two dollars per gallon, less discount. The delivery was of twenty-one gallons of Supremis and twelve gallons of Navalite and…
2Cases cited1 opinion
- Ming v. . CorbinNew York Court of Appeals · 1894
3Cited by2 opinions
- Portfolio v. RubinAppellate Division of the Supreme Court of the State of New York · 1921
- Rosing v. Parkside Mills, Inc.Appellate Terms of the Supreme Court of New York · 1921