Mussinan v. Willner Wood Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. > Action by Alfred Mussinan against the Willner Wood Company. Erom an order failing to direct defendant to furnish a bill of particulars of damages set up in a counterclaim, plaintiff appeals.
1Opinion of the CourtWoodward, J.
This action was brought to recover $4,397.62, the purchase price of certain tanks, boilers, and other machinery sold by Struthers, Wells & Co., plaintiff’s assignors, to the defendant corporation under a written contract. The answer admits the delivery of the goods, sets up an equitable counterclaim, and, as a second counterclaim, alleges that it has sustained damages, aggregating $15,000, by reason of the failure of plaintiff’s assignor to deliver the goods involved in the litigation within the time specified in the contract. The allegations of this second counterclaim, involving special…
2Cases cited7 opinions
- New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
- Isaac v. WilischNew York Supreme Court · 1893
- Roberts v. Safety Buggy Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Jutsum v. Bricklayers', Plasterers' & Stonemasons' UnionNew York Supreme Court · 1894
- Jacobs v. Water Overflow Preventive Co.New York Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.