Schwickert v. Levin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac Levin, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the 17th day of April, 1901.
1Opinion of the Court
Jenks, J.:
This action is to recover the contract price for goods sold and delivered. The answer was a general denial and breach of the contract. During the trial the defendant admitted the delivery of the goods, but contended that there had been a breach in that the contract was entire. The defendant ordered a quantity of different kinds of iron plates from the plaintiff. The plaintiff testifies that, the original terms were payment at ten days, but that the contract-was subsequently modified so as to permit delivery by installments, each installment to be paid for before the delivery of the.…
2Cases cited1 opinion
- Tibbetts v. SternbergNew York Supreme Court · 1870
3Cited by5 opinions
- People v. GezzoNew York Court of Appeals · 1954
- Benefield v. StateAlabama Court of Appeals · 1957
- Richardson v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920
- Moore v. StateSupreme Court of Alabama · 1988
- Smith v. Russo-Asiatic BankNew York Supreme Court · 1939