Legal Opinion
Sampson v. Frank F. Pels Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 1922PublishedCited by 4 opinions
Appeal by the plaintiffs, Charles E. Sampson and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 25th day of April, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiffs’ motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
Upon November 5, 1919, the defendant and the Lily Mill and Power Company entered into a, contract for the purchase and sale of Sea Island cotton yarn on cones. The contract, so far as material to this controversy, is as follows:
“ Cotton Yarns
“ Catlin & Co. Broadway, Cor. Leonard St.
“ New York, Nos. 345-7 No. 92.
“ Boston, Phila.,
“ Chicago.
“ New York, Nov. 5, 1919.
“ Frank F. Pels Co.
“ 17 East 24th St., City:
“ Allowance for Cones and Paper will be made as follows — Foster Wind 2%, Universal 1%
“ Dear Sirs.— We enter your order for 4500 Lbs. 60 /2 Combed Sea Island Cotton Yarn on Cones.…
2Cases cited2 opinions
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Landreth v. WyckoffAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Iron Fireman Coal Stoker Co. v. BrownSupreme Court of Minnesota · 1931
- Bencoe Exporting & Importing Co. v. McGraw Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Marine Trust Co. v. WillisAppellate Division of the Supreme Court of the State of New York · 1934
- Dexter & Carpenter, Inc. v. E. W. Bliss Buildings, Inc.Appellate Terms of the Supreme Court of New York · 1924