Casselli v. Mosso

Appellate Terms of the Supreme Court of New York

Casselli v. Mosso

90 N.Y.S. 371

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 10, 1904

StatusPublished

This text of 90 N.Y.S. 371 (Casselli v. Mosso) 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

Casselli v. Mosso, 90 N.Y.S. 371 (N.Y. Ct. App. 1904).

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Opinion

FITZGERALD, J.

Defendant’s letter of January 24, 1902, while complaining quality was a full payment of the price, and further expressed the hope that in future a better quality of goods would be supplied. This letter constitutes an acceptance by the defendant. Vendor and vendee had long experience in the trade. The sale was by description. Full [372]*372delivery had been made. That reasonable opportunity thereafter had been afforded for inspection and discovery is established by the convincing proof of the letter itself, which conclusively shows that actual inspection and discovery had been had at the time it was written. Judgment in favor of the defendant must be reversed. Waeber v. Talbot, 167 N. Y. 48, 60 N. E. 288, 82 Am. St. Rep. 712; Coplay Iron Company v. Pope, 108 N. Y. 232, 15 N. E. 335.

Judgment reversed and new trial ordered, with costs to appellant to abide the event. All concur.

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FITZGERALD, J.

Defendant’s letter of January 24, 1902, while complaining quality was a full payment of the price, and further expressed the hope that in future a better quality of goods would be supplied. This letter constitutes an acceptance by the defendant. Vendor and vendee had long experience in the trade. The sale was by description. Full [372]*372delivery had been made. That reasonable opportunity thereafter had been afforded for inspection and discovery is established by the convincing proof of the letter itself, which conclusively shows that actual inspection and discovery had been had at the time it was written. Judgment in favor of the defendant must be reversed. Waeber v. Talbot, 167 N. Y. 48, 60 N. E. 288, 82 Am. St. Rep. 712; Coplay Iron Company v. Pope, 108 N. Y. 232, 15 N. E. 335.

Judgment reversed and new trial ordered, with costs to appellant to abide the event. All concur.

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90 N.Y.S. 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casselli-v-mosso-nyappterm-1904.

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