Mosler Safe Co. v. Brenner
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, rendered in favor of the plaintiff after a trial before the court without a jury.
1Opinion of the CourtMullan, J.
The defendant agreed in writing to purchase from the plaintiff a safe at an agreed price, payable in instalments, the contract providing that title should remain in the plaintiff until the completion of payment. Prior to delivery the defendant repudiated his engagement, and notified the plaintiff that he would not accept the safe, and the plaintiff thereupon brought this action, declaring upon “ breach of contract; goods sold,” and the defendant denied generally and pleaded fraud. At the outset of the trial, the plaintiff’s cause was, by concession of its counsel, reduced to the claim of “…
2Cases cited9 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- Seeman v. . LevineNew York Court of Appeals · 1912
- National Cash Register Co. v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1900
- Northridge v. AstaritaAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by8 opinions
- American Mills Co. v. HoffmanCourt of Appeals for the Second Circuit · 1921
- Harbison v. PropperNew York Supreme Court · 1920
- Turner-Looker Co. v. AprileAppellate Division of the Supreme Court of the State of New York · 1921
- Cohen v. Lafrance Workshop, Inc.Superior Court of Pennsylvania · 1933
- Josephson v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1928
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