Legal Opinion

Bossom Dairy Co. v. Rockdale Creamery Corp.

New York Supreme Court

Decided May 1, 1939PublishedCited by 3 opinions

1Opinion of the CourtCuff, J.

The action is for breach of contract. Plaintiff alleges a contract which provided that defendant would furnish milk to plaintiff; would bill plaintiff in accordance with the prices set by the State Milk Control Board; that plaintiff would pay such bills; that from time to time plaintiff and defendant would have an accounting and plaintiff would receive credit of “ a sum equal to the difference between the prices billed and the prices quoted ” by a certain milk service company. The meaning of that agreement is that plaintiff was to receive a rebate by its terms. Subdivision 2 of ¿section 258-m…

2Cases cited2 opinions

  1. John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
  2. Romano v. BonoNew York Supreme Court · 1938

3Cited by3 opinions

  1. Flegenheimer v. BroganAppellate Division of the Supreme Court of the State of New York · 1940
  2. Sommer v. E. B. Kelly Co.City of New York Municipal Court · 1944
  3. Bossom Dairy Co. v. Rockdale Creamery Corp.Appellate Division of the Supreme Court of the State of New York · 1940

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