Bossom Dairy Co. v. Rockdale Creamery Corp.
New York Supreme Court
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
- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- Romano v. BonoNew York Supreme Court · 1938
3Cited by3 opinions
- Flegenheimer v. BroganAppellate Division of the Supreme Court of the State of New York · 1940
- Sommer v. E. B. Kelly Co.City of New York Municipal Court · 1944
- Bossom Dairy Co. v. Rockdale Creamery Corp.Appellate Division of the Supreme Court of the State of New York · 1940