Bauer v. Blaha

Appellate Terms of the Supreme Court of New York

Bauer v. Blaha

88 N.Y.S. 933

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 23, 1904

StatusPublished

This text of 88 N.Y.S. 933 (Bauer v. Blaha) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

88 N.Y.S. 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bauer-v-blaha-nyappterm-1904.