American Seeding Machine Co. v. Stearns
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, .The American Seeding Machine Company,. from a judgment of the County Court of Cattaraugus county iñ favor of the defendants, entered in the office of the clerk of the county of Cattaraugus on the 16th day of June, 1905, upon a non-suit granted by fhe court.
1Opinion of the Court
Hiscock, J. :
This action was' brought to recover the purchase price of a drill claimed to have been sold by plaintiff to defendants. The defenses pleaded embraced the ones that the action was prematurely brought;' that plaintiff rescinded the contract of sale by retaking part, of the . machinery ; that the drill was shipped to defendants as agents* upon .commission. The learned county judge seems to have dismissed the complaint upon the last ground, and we think therein he committed error for* which .the judgment miist be reversed*.
-The drill was shipped under a written contract which, except…
2Cases cited2 opinions
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- McKecknie v. . WardNew York Court of Appeals · 1874
3Cited by1 opinion
- In re the Estate of FriedmanNew York Surrogate's Court · 1977