Legal Opinion

Frank v. Vogt

Appellate Terms of the Supreme Court of New York

Decided December 15, 1916Published

Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, seventh district, rendered in favor of the plaintiffs for $333.06.

1Opinion of the CourtLehman, J.

The plaintiffs sued the defendant for the unpaid part of the agreed price of artificial silk sold and delivered to the defendant. The defendant in his answer sets up that there was an accord and satisfaction for the price of the goods actually delivered and counterclaims for damages for the nondelivery of other goods covered by the same contract of sale.

The evidence shows that the plaintiffs agreed to sell to the defendant “ viscose process artificial silk, 150 denier ’ ’ at $2.10 per pound. The words ‘ ‘ 150 denier ’ ’ show the weight per yard of the artificial silk to be delivered and it is…

2Cases cited9 opinions

  1. Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
  2. Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
  3. Windmuller v. Goodyear Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1908
  4. Kleinfelter v. GrangerNew York Supreme Court · 1911
  5. Brewster v. SilversteinAppellate Terms of the Supreme Court of New York · 1912

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