Baltimore & Ohio Railroad v. Lowenstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Baltimore and Ohio Railroad Company, from a determination and order of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of May, 1915, affirming a judgment of the City Court of the City of New York dismissing the complaint, with costs, on motion of the defendant made at the opening of the trial for judgment on the pleadings.
1Opinion of the Court
Page, J.:
The complaint alleges that on June 9, 1913, the defendant offered in writing to purchase of the plaintiff all or any part of 100,000 pounds of scrap then for sale by the plaintiff, upon cerain terms and conditions at thirteen and one-quarter cents per *138pound; that on June 11, 1913, the plaintiff accepted the said offer to the extent of 75,000 pounds and issued .to the defendant a certificate of purchase as follows: “This certifies that Tottenville Copper Co., Tottenville, N. Y. has purchased the following scrap: 75,000# Brass borings and turnings clear $13.25 per cwt. Delivery,…
2Cases cited3 opinions
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
- Canda v. . WickNew York Court of Appeals · 1885
- Valk v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1909