Krauter v. Pacific Trading Corp. of America, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sigmund Krauter, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of August, 1920, sustaining defendant’s demurrer to plaintiff’s second amended complaint and ordering final judgment to be entered dismissing said complaint, and also from the judgment entered thereon in said clerk’s office on the 1st day of September, 1920.
1Opinion of the Court
Page, J.:
The plaintiff entered into a contract for the purchase from the defendant of certain oil. The plaintiff alleges that the defendant refused to give him a sampling order to enable him to examine and inspect the oil before delivery, and tendered an oil inferior in quality and less in quantity than that required by the contract. Plaintiff notified the defendant of his cancellation and rescission of the order, whereupon the defendant brought an' action against the plaintiff in the Supreme Court, New York county, to recover $70,000. The *674plaintiff served, an answer. Thereafter the parties…
2Cases cited3 opinions
- Howard v. . SextonNew York Court of Appeals · 1850
- Hinkle v. . ZimmermanNew York Court of Appeals · 1906
- In re the Arbitration Concerning Certain Differences between St. John's Guild & Durkin & LaasAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by4 opinions
- In re the Arbitration between L. N. Jackson & Co. & Compania Gasoliba Soc. Anon.Appellate Division of the Supreme Court of the State of New York · 1953
- Goldstein v. SchleiferAppellate Division of the Supreme Court of the State of New York · 1924
- Davis v. Rochester Can Co.New York Supreme Court · 1924
- Cohen Iron Works Co. v. JaffeAppellate Division of the Supreme Court of the State of New York · 1921