Denino v. Long Island Carpet Cleaning Co.

Appellate Terms of the Supreme Court of New York

Denino v. Long Island Carpet Cleaning Co.

131 Misc. 526, 227 N.Y.S. 468, 1928 N.Y. Misc. LEXIS 744

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 16, 1928

StatusPublished

This text of 131 Misc. 526 (Denino v. Long Island Carpet Cleaning Co.) 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

Denino v. Long Island Carpet Cleaning Co., 131 Misc. 526, 227 N.Y.S. 468, 1928 N.Y. Misc. LEXIS 744 (N.Y. Ct. App. 1928).

Pincite

Opinion

Per Curiam.

Defendant was justified in concluding, on the plaintiff’s delay of forty-two days in removing the motors from defendant’s place of business, that plaintiff had abandoned the contract to purchase, and that it, the defendant, had the right to regard the motors as unsold and as property which it could sell. The sale under the circumstances was justifiable, and plaintiff was not entitled to recover as for the value of property owned by plaintiff and wrongfully converted by defendant, or upon the theory that defendant had breached its contract of sale with plaintiff.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Bijur, Delehanty and Crain, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Defendant was justified in concluding, on the plaintiff’s delay of forty-two days in removing the motors from defendant’s place of business, that plaintiff had abandoned the contract to purchase, and that it, the defendant, had the right to regard the motors as unsold and as property which it could sell. The sale under the circumstances was justifiable, and plaintiff was not entitled to recover as for the value of property owned by plaintiff and wrongfully converted by defendant, or upon the theory that defendant had breached its contract of sale with plaintiff.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Bijur, Delehanty and Crain, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

131 Misc. 526, 227 N.Y.S. 468, 1928 N.Y. Misc. LEXIS 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denino-v-long-island-carpet-cleaning-co-nyappterm-1928.