Binger Co. v. Blumberg
Appellate Terms of the Supreme Court of New York
Appeal "by defendants from a judgment of the Municipal Court of the city of N"éw York, borough of Manhattan, first district, rendered in favor of the plaintiff.
1Opinion of the Court
iSeab.ury, J.
Plaintiff sued to recover $300 alleged to be due for services rendered in making 300 signs which the plaintiff claimed it completed and offered to defendants and which the latter refused to accept. The signs were made under a contract which provided “ 150 signs to be' delivered at once and balance in three months from date of order.” The contract was dated March 3, 1911. The plaintiff offered to deliver the goods on April 6, 1911.
' The defendants refused to accept them saying: “ It’s too late now, as my man is out on the' road.” The .evidence .showed 'that these .signs were to be…
2Cases cited3 opinions
- Tobias v. . LissbergerNew York Court of Appeals · 1887
- Lewis v. HojerNew York Court of Common Pleas · 1891
- Hirsch v. AnninAppellate Terms of the Supreme Court of New York · 1899
3Cited by1 opinion
- Doxey v. Coates, Bennett & Reidenbach, Inc.Appellate Division of the Supreme Court of the State of New York · 1917