Legal Opinion
Reichbart v. Smith-Eisemann Corp. of America
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 1922PublishedCited by 6 opinions
Appeal by the defendant, Smith-Eisemann Corporation of America, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 12th day of May, 1921, denying defendant’s motion for judgment on the pleadings, consisting of a complaint and an amended answer.
1Opinion of the Court
Page, J.:
The action is to recover the sales price on a contract for the sale of goods, which is annexed to the complaint and reads as follows:
“ Exhibit A.
January 21st ’20.
t- ^ . Smith-Eisemann Corp. of America
“ 217 Broadway,
“ New York City:
“ Gentleman.— We herewith confirm having sold you the
following merchandise:
“ 10,000 French Moles (firsts) at 35c......... $3,500.00
“ 5,000 “ “ (seconds) at 20c......... 1,000.00
“ Terms: 10% net cash upon the signing of this agreement to bind the sale; balance to be paid in cash upon the arrival of this merchandise.
“ Conditions: It is understood that this…
2Cases cited1 opinion
- Pottash v. Cleveland-Akron Bag Co.Appellate Division of the Supreme Court of the State of New York · 1921
3Cited by6 opinions
- Consolidated Box Co. v. PennCity of New York Municipal Court · 1958
- Larkin v. GeisenheimerAppellate Division of the Supreme Court of the State of New York · 1922
- Strulson v. PollackNew York Supreme Court · 1962
- Korde Corp. v. Casino Classics, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
- Sidford & Greene, Inc. v. Wehmeyer Coal Co.New York Supreme Court · 1926
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