Windmuller v. Goodyear Tire & Rubber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Louis Windmuller and others, from a judgment of the Supreme Court in-favor of the defendant, entered in the office of the clerk of the county of New York .on the 22d day of August, 1907, upon the' dismissal of the complaint by direction df the court after a trial at the. New York Trial Term, and also from an order entered in said clerk’s office on the 25th day of June, 1907, denying the plaintiffs’ motion for a new trial made upon the minutes. .
1Opinion of the Court
Scott, J.:
Tlie plaintiffs appeal from a judgment dismissing the complaint. There is no dispute as to the facts, the evidence being wholly documentary, and the only question is whether the receipt and retention by plaintiffs of a check sent them by defendant constituted an accord and satisfaction. The action was for a balance claimed to be due on a sale of Borneo rubber by plaintiffs to defendant. . The answer alleges that prior to the sale plaintiffs warranted and represented that the rubber in being washed, dried and worked would riot shrink more than forty per cent of the net weight, and…
2Cases cited2 opinions
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
3Cited by12 opinions
- Schnell v. . PerlmonNew York Court of Appeals · 1924
- Abercrombie v. GoodeSupreme Court of Alabama · 1914
- Hettrick Manufacturing Co. v. BarishAppellate Terms of the Supreme Court of New York · 1922
- Kleinfelter v. GrangerNew York Supreme Court · 1911
- Schuller v. RobisonAppellate Division of the Supreme Court of the State of New York · 1910
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