Isaacs v. Terry & Tench Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Herman Isaacs against the Terry & Tench Company. From a judgment for plaintiff, defendant appeals. Reversed, and a new trial granted.
1Opinion of the CourtDavis, J.
This action was brought to recover damages for defendant’s failure to keep its agreement to accept and pay for certain beams and channels. The plaintiff claims that the defendant agreed to purchase from the plaintiff 500 tons of these beams and channels at $1.85 per 100 pounds; that 200 tons were disposed of by plaintiff with the consent and permission of the defendant; and that the defendant then refused to accept and pay for the remaining 300 tons. The defendant denies the contract as alleged, sets forth a different contract, and alleges its rescission by plaintiff, and in a third defense…
2Cited by2 opinions
- Isaacs v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Isaacs v. Terry & Tench Co.Appellate Terms of the Supreme Court of New York · 1908