Haber v. S. A. Jacobson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, S. A. Jacobson Company, Inc., from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of May, 1918, affirming a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, Sixth District, in plaintiff’s favor for the sum of $1,058 and costs.
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Appeal by the defendant, S. A. Jacobson Company, Inc., from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of May, 1918, affirming a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, Sixth District, in plaintiff’s favor for the sum of $1,058 and costs. The complaint is in writing and sets forth two causes of action for breach of contract for the non-delivery of merchandise under executory contracts of sale. “ Brooklyn, N. Y.-, 191- “ To I.…
1Opinion of the Court
Blackmar, J.:
The contracts were executory contracts for the sale of goods. The essential elements of such contracts are an obligation on the part of the vendor to deliver goods of a certain description to thé vendee at some future time, and on the part of the vendee to accept and pay for the same. It appears on the face of the contracts, and nothing in the evidence gives us further or other information, that the goods were not in defendant’s possession at the time of the sale, but at some place from which it was necessary to ship them by cars. For its own protection the defendant inserted-in…
2Cases cited2 opinions
- Russell v. NicollNew York Supreme Court · 1829
- Abe Stein Co. v. . RobertsonNew York Court of Appeals · 1901
3Cited by4 opinions
- Takahashi v. Pepper Tank & Contracting Co.Wyoming Supreme Court · 1942
- Raw Silk Trading Co. v. KatzAppellate Division of the Supreme Court of the State of New York · 1922
- Werthan Bag Co. v. Houston Bag & Bagging Co.Court of Appeals of Texas · 1921
- Rosenstein v. Farish Co.City of New York Municipal Court · 1919