Armstrong v. Heide
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment entered in favor of the plaintiff in the City Court of the city of New York, after a trial before the court and a jury, and also from an order denying the defendant’s motion for a new trial.
1Opinion of the CourtScott, J.
It is not necessary to go further than the complaint to see that this judgment cannot stand. The sole allegations are that plaintiff entered into a contract "with .'the defendant which is annexed to the complaint and which provides for the acceptance by the defendant of 100,006 pails at $35 per 1,000, the entire lot to be taken within six months time from first shipment and in quantities of not less than 15,000 pails at any one time; that in accordance with said agreement plaintiff delivered to defendant 10,000 of said pails at the price agreed upon, but that defendant absolutely refused and…
2Cases cited2 opinions
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Van Schaick v. WinneNew York Supreme Court · 1852
3Cited by3 opinions
- Whitelaw v. VallanceMontana Supreme Court · 1921
- Baby Show Exhibition Co. v. Crowell Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Reid v. America Co.Appellate Terms of the Supreme Court of New York · 1912