Calkins v. Gramm Motor Truck Corp.

Appellate Division of the Supreme Court of New York

Calkins v. Gramm Motor Truck Corp.

260 A.D. 981, 23 N.Y.S.2d 492, 1940 N.Y. App. Div. LEXIS 5684

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

DecidedNovember 22, 1940

StatusPublished

This text of 260 A.D. 981 (Calkins v. Gramm Motor Truck 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

Calkins v. Gramm Motor Truck Corp., 260 A.D. 981, 23 N.Y.S.2d 492, 1940 N.Y. App. Div. LEXIS 5684 (N.Y. Ct. App. 1940).

Pincite

Opinion

Plaintiff seeks to recover some $6,000, consisting of a down payment of $1,500, and damages for failure to deliver a completed motor bus. The defendant had judgment in the trial court for $775, unpaid balance on the chassis, with interest and costs, amounting to $1,085.50. The contract consists of a conditional sales agreement, letters, telegrams and telephonic conversations. The plaintiff accepted delivery of the chassis upon paying $1,500 and agreeing to pay later a balance of $775 due thereon. He delivered the chassis to a coach maker to have a body built thereon, then failed to pay for the body or the balance of the chassis. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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Plaintiff seeks to recover some $6,000, consisting of a down payment of $1,500, and damages for failure to deliver a completed motor bus. The defendant had judgment in the trial court for $775, unpaid balance on the chassis, with interest and costs, amounting to $1,085.50. The contract consists of a conditional sales agreement, letters, telegrams and telephonic conversations. The plaintiff accepted delivery of the chassis upon paying $1,500 and agreeing to pay later a balance of $775 due thereon. He delivered the chassis to a coach maker to have a body built thereon, then failed to pay for the body or the balance of the chassis. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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Bluebook (online)

260 A.D. 981, 23 N.Y.S.2d 492, 1940 N.Y. App. Div. LEXIS 5684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calkins-v-gramm-motor-truck-corp-nyappdiv-1940.