Atlantic Coast Lumber Corp. v. McCaldin Bros.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the City Court of the. city of ¡New York entered in its favor upon the verdict of a' jury.
1Opinion of the CourtPage, J.
The action was to recover $755.17, the agreed price of certain lumber sold and delivered by the plaintiff to the defendant. The defendant admitted that it had' used one-third of the lumber, but claimed the right to reject the remainder, and pleads as a defense to this action that the plaintiff warranted the lumber to be merchantable and fit for use, and as good, if' not better, than the lumber'heretofore delivered by the plaintiff to the defendant, which they allege it was not, and that the lumber delivered was worth $550 less than it would have been had it been as represented. The jury found…
2Cases cited2 opinions
- Staiger v. SohtAppellate Division of the Supreme Court of the State of New York · 1907
- Staiger v. . SohtNew York Court of Appeals · 1908