Hills v. Sommer
New York Supreme Court
Appeal from circuit court, Hew York county. Plaintiffs sued defendants to recover an alleged balance due on a shipment of fruit. The court ordered judgment for defendants, and plaintiffs appeal.
1Opinion of the CourtCullen, J.
This action is brought for a balance due on goods sold and delivered. The defendants, fruit dealers in St. Joseph, Mo., ordered of the plaintiffs, wholesale dealers in Hew York city, shipment of certain boxes of lemons, at an agreed price. On the arrival of the goods in St. Joseph the defendants notified the plaintiffs that a part of the lemons were defective in quality and condition, and that they would not receive the goods unless a rebate in price was made as to such part. This rebate the plaintiffs refused to allow. Subsequently the plaintiffs drew their draft upon the defendants for the…
2Cases cited2 opinions
- Woodruff v. . WoodruffNew York Court of Appeals · 1873
- Grinnan v. PlattNew York Supreme Court · 1860
3Cited by24 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Tanner v. MerrillMichigan Supreme Court · 1895
- Schnell v. . PerlmonNew York Court of Appeals · 1924
- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
- Chicago, M. & St. P. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1899
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