McManus v. American Woolen Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Woolen Company of Hew York, from a judgment of the Supreme Court in part in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 14th day of June, 1906, upon the verdict of a jury rendered by direction of the court after a trial at the Hew York Trial Term, in so far as said judgment is in favor of the plaintiff, and also from an order entered in said clerk’s office on the 29th day of May, 1906,…
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Appeal by the defendant, the American Woolen Company of Hew York, from a judgment of the Supreme Court in part in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 14th day of June, 1906, upon the verdict of a jury rendered by direction of the court after a trial at the Hew York Trial Term, in so far as said judgment is in favor of the plaintiff, and also from an order entered in said clerk’s office on the 29th day of May, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action by a vendee of merchandise to recover damages of his vendor for its failure to deliver woolen goods known as “ tans ” and “ castors ” in accordance with the terms of two orders *69in writing, constituting the contract. Both orders were given on the same day. One of the orders was for 392 pieces of “ castors ” at $1.35 per yard and the other order was for 146 pieces of “ tans” at $1.55 per yard, sample pieces to be delivered in January, February and March, and the balance between the first day of April and the first of October. The defendant shipped and delivered 62…
2Cited by2 opinions
- Goepel v. Kurtz Action Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Lowenstein v. Hargraves MillsAppellate Division of the Supreme Court of the State of New York · 1910