Boss v. Hutchinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. Herbert Hutchinson, 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 June, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s.office on the 25th day of June, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The only controverted question of fact in this case was the price at which it was agreed that a carload of potatoes should be sold. The plaintiff, who is the assignee of Jacob Boss and Leo Hamburger, claimed that the price was ninety-three cents a bushel, while the defendant claimed that the price was one dollar and ninety-three cents. Defendant contended that the quotation of ninety-three cents was a mistake, and as it is not disputed that potatoes of the kind called for by the agreement were then selling for one dollar and seventy-five cents to two dollars a bushel, there would…
2Cases cited4 opinions
- Railroad Co. v. CommissionersSupreme Court of the United States · 1879
- Flower v. . LanceNew York Court of Appeals · 1875
- Niagara Fire Insurance v. Campbell StoresAppellate Division of the Supreme Court of the State of New York · 1905
- Niagara Fire Insurance Company v. . Campbell StoresNew York Court of Appeals · 1906
3Cited by11 opinions
- Austin Instrument, Inc. v. Loral Corp.New York Court of Appeals · 1971
- Vines v. General Outdoor Advertising Co.Court of Appeals for the Second Circuit · 1948
- Menendez v. Faber, Coe & Gregg, Inc.District Court, S.D. New York · 1972
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- Wilson & Co. v. Fremont Cake & Meal Co.District Court, D. Nebraska · 1948
6 more not listed; retrieve them via the Exa API.