Laroe v. . Sugar Loaf Dairy Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 23, 1903, affirming a judgment in favor of defendant entered Upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiffs had shown facts sufficient to go to the jury as to the authority of defendant’s secretary to make the contract in question.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 23, 1903, affirming a judgment in favor of defendant entered Upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiffs had shown facts sufficient to go to the jury as to the authority of defendant’s secretary to make the contract in question. (Tyler v. A. A. S. & L. Assn., 30 App. Div. 404; Powers v. S. H. L. & P. Co., 23 App. Div. 380; Lee v. P. C. & M. Co., 56 How. Pr. 373; W. W. Co. v. K. Mfg.…
1Opinion of the Court
Cullen, Ch. J.
The plaintiffs sued for a balance alleged to be due on the sale and delivery of milk to the defendant during a period of six months commencing October first, 1901, under a contract by which they were to be paid therefor a specified price. The defendant answered denying the contract declared on in the complaint and pleading payment in full. The dispute was not as to the quantity of milk delivered, but solely as to the price which was to be paid. One of the plaintiffs testified that shortly before October first he made an agreement with one Knapp, the secretary of the company, and…
2Cases cited5 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Komp v. . RaymondNew York Court of Appeals · 1903
- Bunge v. . KoopNew York Court of Appeals · 1872
3Cited by33 opinions
- Worcester Color Co. v. Henry Wood's Sons Co.Massachusetts Supreme Judicial Court · 1911
- Mance v. . HossingtonNew York Court of Appeals · 1912
- Snow v. GriesheimerIllinois Supreme Court · 1906
- Ryan v. Progressive Retailer Publishing Co.Court of Appeals of Georgia · 1915
- Famous Music Corporation v. Seeco Records, Inc.District Court, S.D. New York · 1961
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