Kaufman v. Canary
Appellate Terms of the Supreme Court of New York
Appeal from" an affirmance by the General Term of the City Court of New York, of a judgment for the plaintiffs, which was rendered at Trial Term, in their favor. Action to recover the agreed purchase price upon a sale of merchandise to the defendants as copartners.
1Opinion of the CourtBischoff, J.
This action was brought to recover the agreed purchase price of 1;500 placques, designed for advertising purposes, alleged to have been manufactured by the plaintiffs’ firm at the instance of the defendants, as copartners, and purchased by the latter. The complaint averred the plaintiffs’ readiness to deliver the placques and the defendants’ refusal to accept and pay for them; and the only defense interposed was a general denial.
Upon the trial, it appeared from abundant evidence that the contract, an oral one, was made in August, 1895; that it was entered into by the plaintiffs and one…
2Cases cited7 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Bement v. SmithNew York Supreme Court · 1836
- Myers v. CohnNew York Court of Common Pleas · 1893
- Sullivan v. BrooksNew York Court of Common Pleas · 1894
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3Cited by1 opinion
- Franken v. McAlpinCity of New York Municipal Court · 1899