Locomobile Co. of America v. Witt
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the City Court of the city of New York, entered on the verdict of a jury, and from an order denying a motion for a new trial.
1Opinion of the CourtGiegerich, J.
The action was brought to recover the sum of $470.22 for parts, furnishings, castings, repairs, gasoline and storage for the defendant’s automobile and the services of an operator to run the same, supplied between December 7, 1902, and July 1, 1903. The answer contains a general denial and sets up, as a separate, partial defense, that the machine alleged to have been repaired was purchased by the defendant from the plaintiff and that such repairs were necessitated by a breach of warranty on the part of the plaintiff. There is also a counterclaim for $789 damages, alleged to be due to the…
2Cases cited1 opinion
- Steinback v. DiepenbrockAppellate Division of the Supreme Court of the State of New York · 1900