Wisner v. Schopp
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Conrad Schopp, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county .of Orange on the 11th day of April, 1898, upon the verdict of a jury, and also from an order, bearing date the 22d day of January, 1898, and entered in said clerk’s office, denying said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
WILLARD BARTLETT, J.:
This is a controversy over three carloads of onions which were shipped by the plaintiff, as vendor, from Orange county, to the defendant, as vendee, at St. Louis. The defendant refused to accept the onions upon the ground that they did not conform, either in quality or condition, to the terms of the-contract of purchase; and after some correspondence with the plaintiff, advising him of his refusal to take the goods, the defendant sold the onions in St. Louis, by plaintiff’s direction, for his benefit and on his account. There is no dispute but that the proceeds of these…
2Cases cited2 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
3Cited by6 opinions
- Whitaker v. EilenbergAppellate Division of the Supreme Court of the State of New York · 1902
- Laroe v. Sugar Loaf Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Crum v. Montgomery-Dotter Ice Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Laroe v. Sugar Loaf Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Vorhis v. EliasNew York Supreme Court · 1899
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