Legal Opinion
McCarthy v. Krebs Pigment & Chemical Co.
Appellate Terms of the Supreme Court of New York
Decided May 15, 1922PublishedCited by 1 opinion
Appeal by plaintiff from a judgment of the City Court of the city of New York, in favor of defendant, entered upon the verdict of a jury.
1Opinion of the CourtBijur, J.
This action was brought to recover for the balance due under a written contract for the sale to defendant by plaintiff’s assignor of quantities of zinc ashes. The written contract describes the article sold as:
“ Zinc ashes or skimmings — from 73% zinc contents upwards * * *. Quantity and description of material: 600 tons minimum and 1200 tons maximum of light colored zinc ashes * * * Price:
*567Material running 73% to 74.99% in zinc 72|%
Material running 75% to 79.99% in zinc 74%
Material running 80% and over in zinc 77% of the average St. Louis Spelter quotation during the month of shipment.”
The “…
2Cases cited13 opinions
- Marks v. . CowdinNew York Court of Appeals · 1919
- Hopper v. . SageNew York Court of Appeals · 1889
- Braxton v. . MendelsonNew York Court of Appeals · 1922
- Brady v. . NallyNew York Court of Appeals · 1896
- United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McCarthy v. Krebs Pigment & Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1923