Hechinger v. Ulacia
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Juan Ulacia and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of January, 1920, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 4th day of February, 1920, denying defendants’ motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The action was to recover damages for the defendants’ refusal to deliver to the plaintiff’s assignor a quantity of molasses pursuant to the terms of. an alleged contract, a copy of which was annexed to the complaint. The answer set up as one defense that the said alleged contract was understood by and between the parties thereto to be only a temporary or provisional agreement or memorandum of the transactions had between the parties thereto, and was to be supplanted by a definitive contract which was to embody in detail the agreements made, which was to contain, among other things, a…
2Cases cited1 opinion
- Smith v. . DotterweichNew York Court of Appeals · 1911
3Cited by5 opinions
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- Hartog v. MehleAppellate Division of the Supreme Court of the State of New York · 1961
- C. Alexopoulos Freres, Inc. v. Nemours Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1923