Langenthal v. Oberman
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the City Court of the city of New York, in favor of plaintiff, entered, upon the verdict of a jury.
1Opinion of the CourtBijur, J.
This action was brought to recover damages for breach of a contract to deliver goods. One,of *163the decisive issues involved was the question whether the goods were sold, if at all, by the defendant personally or by him as agent for the Grafton Roller Mill Company.
The learned judge below instructed the jury that the contract was with defendant as matter of law. Defendant testified repeatedly that he told plaintiff that he was acting solely as a middleman or agent for the Grafton Roller Mill Company. Two copies of a paper were put in evidence. Had these been filled out and been properly executed…
2Cases cited1 opinion
- Electric Carriage Call & Specialty Co. v. HermanNew York Supreme Court · 1910
3Cited by1 opinion
- Langenthal v. ObermanAppellate Terms of the Supreme Court of New York · 1917