Bauer v. Blaha

Appellate Terms of the Supreme Court of New York

Bauer v. Blaha

88 N.Y.S. 933

Appellate Terms of the Supreme Court of New York·Decided June 23, 1904·Published

Opinion

SCOTT, J.

The memorandum on the back of the bill contained only the amount of flour- agreed to be sold and the price. It was silent as to the terms of payment. Plaintiff was therefore entitled to demand cash on delivery, and to refuse to make deliveries until bills previously incurred had been paid. The defendant makes but a feeble and unconvincing denial of the story told by plaintiff.

The judgment should be affirmed, with costs. All concur.

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SCOTT, J.

The memorandum on the back of the bill contained only the amount of flour- agreed to be sold and the price. It was silent as to the terms of payment. Plaintiff was therefore entitled to demand cash on delivery, and to refuse to make deliveries until bills previously incurred had been paid. The defendant makes but a feeble and unconvincing denial of the story told by plaintiff.

The judgment should be affirmed, with costs. All concur.

Bauer v. Blaha, 88 N.Y.S. 933 (N.Y. Ct. App. 1904).

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