Hess v. Kaufherr
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Morris Hess, from part of a judgment of the Supreme Court in favor of the defendants, 'entered in the office of the clerk of the county of New York on the 18th day of December, 1907, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Houghton, J.:
In March, 1907, the plaintiff contracted with the defendants to sell to them about 10,000 summer dry Palloien calf skins, “ June shipment.” In the June following the plaintiff delivered to the defendants and they paid for, about 6,000 of the skins, and in the forepart of the following August he tendered to them the balance which they refused to accept.
The specified ground upon which the defendants refused to accept delivery was that the skins were not merchantable. ■ The plaintiff held the goods subject to the defendants’ order and brought this action for the purchase price.
The…
2Cases cited2 opinions
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Gould v. Banks & GouldNew York Supreme Court · 1832
3Cited by10 opinions
- Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
- Windsor Print Works v. C. F. Hathaway Co.Court of Appeals for the First Circuit · 1923
- Pierson & Co. v. American Steel Export Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Lowinson v. NewmanAppellate Division of the Supreme Court of the State of New York · 1922
- Bigelow v. Bard, New York County Courts1909
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