Legal Opinion

Burgess v. House

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 1900PublishedCited by 1 opinion

Appeal from special term, New York county. Action by William H. Burgess against William Everett House for goods sold. From a judgment in favor of plaintiff, defendant appeals.

1Opinion of the CourtBarrett, J.

The complaint sets forth a cause of action for goods sold and delivered. The answer is — First, a general denial; *513second, a counterclaim. This counterclaim relates to a contract for the purchase by the defendant from the plaintiff of the precise quantity and character of goods specified in the complaint, at the same time, and for the same price. The averment on that head is that the plaintiff agreed not to sell similar goods to others at a less price than that agreed to be paid by the defendant, and that, in violation of this agreement, the plaintiff did sell similar goods at a less price.…

2Cited by1 opinion

  1. Heppes-Nelson Roofing Co. v. LewisDistrict Court, E.D. New York · 1920

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