Neugass v. Thorner
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Frederick Neugass and another against Jacob Thorner. From a Municipal Court judgment in favor of plaintiffs, defendant appeals.
1Opinion of the CourtGuy, J.
This action was brought originally for the purchase price of clothing under a contract between plaintiffs and defendant! The complaint was amended, so as to change the cause of action to one for work, labor, and materials furnished. Neugrass v. Thorner, 121 N. Y. Supp. 596.
The contract was made by the plaintiffs’ former salesman, Rubin, by paroi. He presented a line of samples to the defendant at his place of business. The sale or agreement was by sample. It was agreed that if the goods, when examined upon delivery, were not satisfactory to the defendant, they could be returned without…
2Cases cited3 opinions
- A. & S. Henry & Co. v. TalcottNew York Court of Appeals · 1903
- Beirne and Burnside v. . DordNew York Court of Appeals · 1851
- Neugrass v. ThornerAppellate Terms of the Supreme Court of New York · 1910