Dutchess Tool Co. v. Krakowka

Appellate Division of the Supreme Court of New York

Dutchess Tool Co. v. Krakowka

243 A.D. 607

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

DecidedJanuary 15, 1935

StatusPublished

This text of 243 A.D. 607 (Dutchess Tool Co. v. Krakowka) 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

Dutchess Tool Co. v. Krakowka, 243 A.D. 607 (N.Y. Ct. App. 1935).

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Opinion

Judgment for plaintiff in an action to recover the balance due on a written contract for the sale of personal property affirmed, with costs. [608]*608No opinion. Young, Seudder and Tompkins, JJ., concur; Lazansky, P. J., and Davis, J., vote to modify the judgment by deducting therefrom the amount allowed for the extra spacing machine on the ground that there was no completed sale as to it, it having been sold upon trial and approval, and, therefore, title did not pass (Pers. Prop. Law, § 100, rule 3, subd. 2), and as so modified to affirm the judgment.

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Judgment for plaintiff in an action to recover the balance due on a written contract for the sale of personal property affirmed, with costs. [608]*608No opinion. Young, Seudder and Tompkins, JJ., concur; Lazansky, P. J., and Davis, J., vote to modify the judgment by deducting therefrom the amount allowed for the extra spacing machine on the ground that there was no completed sale as to it, it having been sold upon trial and approval, and, therefore, title did not pass (Pers. Prop. Law, § 100, rule 3, subd. 2), and as so modified to affirm the judgment.

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Bluebook (online)

243 A.D. 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dutchess-tool-co-v-krakowka-nyappdiv-1935.