Whipple v. Brown Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brown Brothers Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans on the 4th day of January, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of December, 1914, denying defendant’s motion for anew trial made upon the minutes.
1Per curiam
On the pleadings plaintiff had the right to prove and rely upon the oral contract he made with defendant’s agent Mull for the purchase from defendant of the peach trees in question. When defendant, to defeat plaintiff’s claim under the oral contract, introduced the written order signed by plaintiff which contained a clause limiting defendant’s liability in case the peach trees delivered proved untrue to name and not the varieties ordered, then' plaintiff was entitled to show that the written order was void and of no effect because plaintiff’s signature thereto was obtained by the false…
2Cases cited3 opinions
- Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
- Sanford v. . Brown Brothers Co.New York Court of Appeals · 1913
- Sanford v. Brown Bros.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Wiederman v. VerschleiserAppellate Terms of the Supreme Court of New York · 1916