Finch v. L. B. Foster Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, L. B. Foster Co., Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of December, 1920, on the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The complaint contains two causes of action. The first alleges that on or about the 6th day of May, 1920, the plaintiff and defendant entered into an agreement whereby the defendant agreed to sell to the plaintiff 600 gross tons of steel rails at fifty-four dollars a gross ton, and that thereafter, on the same day, the plaintiff entered into an agreement with Manuel Caragol & Son, Inc., for the sale of the merchandise previously purchased by the plaintiff from the defendant for the sum of fifty-six dollars per gross ton, and the plaintiff, at the special instance and request of the…
2Cases cited1 opinion
- Emil Grossman Manufacturing Co. v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by3 opinions
- Geier v. Pacific Mutual Life Insurance Co. of CaliforniaAppellate Division of the Supreme Court of the State of New York · 1930
- Manacher v. Sterling National Bank & Trust Co.City of New York Municipal Court · 1967
- Pelaez v. MaxwellNew York Supreme Court · 1960