Columbia Metal Box Co. v. Cohn
New York Supreme Court
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Flew York, borough of Manhattan, seventh district, rendered in favor of the defendant, and from an order denying a motion for a new trial and to correct the judgment as entered.
1Opinion of the CourtLehman, J.
The plaintiff sues for goods sold and delivered of the reasonable value and agreed price of $180. The answer admits the delivery of the goods but sets up that the goods so delivered were in part fulfillment of two written contracts, and that the plaintiff has refused and failed to complete these contracts.
At the trial the plaintiff showed that he had furnished *445these goods and demanded payment of an account which he rendered to the defendant and that the defendant had not disputed the account hut had said that he would pay it when he got ready. On plaintiff’s cross-examination the defendant…
2Cases cited2 opinions
- Farrington v. BradyAppellate Division of the Supreme Court of the State of New York · 1896
- Smith v. RussellAppellate Division of the Supreme Court of the State of New York · 1910