Ipp v. S. & W. Bauman
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Isaac Ipp and another against S. & W. Bauman. From a judgment for defendant, plaintiffs appeal.
1Opinion of the CourtHotchkiss, J.
Defendant is a corporation. The action is for the price of goods (dresses) sold and delivered by plaintiffs, to defendant. The defense is that delivery and acceptance was conditional upon the goods being approved by “S. or W. Bauman,” and that the goods were rejected as unsatisfactory. The plaintiffs’ evidence tended to show that the goods delivered fully conformed to the contract, and that defendant’s refusal to accept them was arbitrary.
[1] The only question in the case is whether plaintiffs, under such circumstances can recover, or whether the approval of “S. or W. Bauman” was a condition…
2Cases cited6 opinions
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Doll v. . NobleNew York Court of Appeals · 1889
- Greacen v. . PoehlmanNew York Court of Appeals · 1908
- Hummel v. SternAppellate Division of the Supreme Court of the State of New York · 1897
- Haehnel v. TrostlerAppellate Terms of the Supreme Court of New York · 1907
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