Leary v. Moore
Appellate Terms of the Supreme Court of New York
Appeal by the defendaut from a judgment of the City Court of the city of Hew York, entered by direction of the court, after a trial before the court and a jury..
1Opinion of the CourtScott, J.
Sometime in February, 1901, the defendant and plaintiff’s intestate entered into a contract, whereby the latter sold to the former a quantity of lumber at an agreed price. What that price was is a matter of dispute; defendant claiming that it was twenty-two dollars and fifty cents per 1.000 feet, and plaintiff insisting that it was twenty-three dollars and fifty cents per 1,000. The defendant has paid twenty-two dollars and fifty cents per 1,000 for all the lumber delivered, and the action involves the one dollar per 1.000 which is in dispute. It appears that the parties met on February 5,…
2Cases cited2 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Lichtenstein v. RabolinskyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Perry v. BatesAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of FarleyNew York Surrogate's Court · 1924
- Hough v. StateNew York Court of Claims · 1910