Roby v. Reynolds
New York Supreme Court
Appeal from Monroe county court. Action by Sidney B. Roby against Thomas J. Reynolds. From a judgment entered on a verdict for plaintiff for a part of his claim, and from an order denying a motion for a new trial on the minutes of the court, plaintiff appeals. Affirmed.
1Opinion of the CourtDwight, P. J.
The action was to recover the sum of $160, being the agreed price of five sets of double harness sold and delivered by the plaintiff to the defendant. The answer admitted the sale and delivery of the harnesses, and alleged, (1) as a defense, a breach of warranty of the quality of the goods; and, (2) as a counterclaim, damages by reason of delay in the delivery of the goods. The evidence showed that, some months before, the defendant had bought of the plaintiff one set of double harness made at Clyde, and that the bargain in this case was for five sets of similar harness to be made at the same…
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- Rice, Barton & Fales Machine & Iron Co. v. Hoffman-Youmans Paper MillsAppellate Division of the Supreme Court of the State of New York · 1913