Burling v. Brinn
New York Supreme Court
Appeal from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, second district, dismissing plaintiffs ’ complaint upon the merits,. after a trial before the court without a jury.
1Opinion of the CourtCropsey, J.
The plaintiffs are auctioneers. On behalf of- the American Woolen Company they conducted. an auction sale of cloth. The defendants *131bought at the auction but refused to take the goods in question. They were resold and this action is to recover the difference between the auction price and the price on the resale, together with the expenses thereof.
There were printed catalogues which contained the terms of sale. These provided that the goods sold would be ready for delivery not later than January seventh. It is conceded by both sides that these goods were not contained in the catalogues, and the…
2Cases cited4 opinions
- Chandler v. MoreyIllinois Supreme Court · 1902
- Kennell v. BoyerSupreme Court of Iowa · 1909
- Graham v. HealyAppellate Division of the Supreme Court of the State of New York · 1912
- Chandler v. MoreyAppellate Court of Illinois · 1901
3Cited by6 opinions
- United Capital Corp. v. Sapolin Paints, Inc. (In Re Sapolin Paints, Inc.)United States Bankruptcy Court, E.D. New York · 1981
- In re General Assignment for the Benefit of Creditors of Premier Container Corp.New York Supreme Court · 1978
- Balaber-Strauss v. Markowitz (In Re Frankel)United States Bankruptcy Court, S.D. New York · 1995
- Gould v. Hiram Walker & Sons, Inc.Court of Appeals for the Seventh Circuit · 1944
- Gould v. Hiram Walker & Sons, Inc.Court of Appeals for the Seventh Circuit · 1944
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