Werner v. Braunstein
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the justice of the Eirst District Court in favor of plaintiff for $119.54 damages and costs in an action for goods sold and delivered. Defense, general denial and tender of $9.30.
1Opinion of the CourtDaly, P. J.
The action was brought for the* price of goods alleged to be sold for cash, and the defense offered by defendants’ proof was that the goods were bought on a credit of sixty days, but the price having been demanded by the vendor immediately after delivery, defendants proposed to return the goods, which was agreed to and the goods returned accordingly. This offer to return and acceptance of such offer were denied, and the issues submitted to a jury which found in favor of plaintiff, who was the assignee of the vendors.
*342The goods were actually returned by the purchasers on the evening of the day…
2Cited by3 opinions
- MacK Trucks of Arkansas, Inc. v. Jet Asphalt and Rock Co.Supreme Court of Arkansas · 1969
- Farmers Bank v. Fuqua Homes, Inc.Supreme Court of Arkansas · 1975
- Whitman & Barnes Mfg. Co. v. HamiltonAppellate Terms of the Supreme Court of New York · 1899