Adasse v. Mauer Motor Sales Corp.

Appellate Division of the Supreme Court of New York

Adasse v. Mauer Motor Sales Corp.

244 A.D. 752

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1935

StatusPublished

This text of 244 A.D. 752 (Adasse v. Mauer Motor Sales Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adasse v. Mauer Motor Sales Corp., 244 A.D. 752 (N.Y. Ct. App. 1935).

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Opinion

Action to recover down payment on account of purchase price of a motor truck, because of false representations and breach of warranties respecting the quality and capacity of said truck. Judgment for plaintiffs modified by striking therefrom the provision for the return of the “ International truck ” by defendant to plaintiffs and as so modified unanimously affirmed, without costs. The verdict for money damages is amply supported by the proofs. That part of the verdict which awarded the International truck to the plaintiffs was improper, but that irregularity, in the absence of an objection by the defendant before the jury was discharged, did not invalidate the verdict for money damages. Present — Lazansky, P. J., Hagarty, Tompkins, Davis and Johnston, JJ.

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Action to recover down payment on account of purchase price of a motor truck, because of false representations and breach of warranties respecting the quality and capacity of said truck. Judgment for plaintiffs modified by striking therefrom the provision for the return of the “ International truck ” by defendant to plaintiffs and as so modified unanimously affirmed, without costs. The verdict for money damages is amply supported by the proofs. That part of the verdict which awarded the International truck to the plaintiffs was improper, but that irregularity, in the absence of an objection by the defendant before the jury was discharged, did not invalidate the verdict for money damages. Present — Lazansky, P. J., Hagarty, Tompkins, Davis and Johnston, JJ.

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Bluebook (online)

244 A.D. 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adasse-v-mauer-motor-sales-corp-nyappdiv-1935.