Legal Opinion
Ballin v. Fourteenth Street Store
New York Supreme Court
Decided May 15, 1907PublishedCited by 3 opinions
Action for goods sold and delivered.
1Opinion of the CourtBurr, J.
In December, 1906, the defendant through its purchasing agent gave to the plaintiff an order for merchandise consisting of shirts, which were to be delivered, at the agreed price of $1,026.16. The goods were delivered. The defendant has not paid for the same, and this action is brought to recover the contract price.
Shortly before the giving of the order, the plaintiff had *360offered to pay to said purchasing agent a sum equal to five per cent, upon the amount of all goods purchased by the defendant from the plaintiff through him. Subsequently, and before the giving of the order above referred…
2Cases cited3 opinions
- Gray v. . HookNew York Court of Appeals · 1851
- National Distilling Co. v. Cream City Importing Co.Wisconsin Supreme Court · 1893
- Minnesota Lumber Co. v. Whitebreast Coal Co.Appellate Court of Illinois · 1894
3Cited by3 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Babcock v. Warner Bros. Theatres, Inc.Appellate Division of the Supreme Court of the State of New York · 1934
- Hearn v. SchuchmanAppellate Division of the Supreme Court of the State of New York · 1913