Frieder v. Rosen

Appellate Terms of the Supreme Court of New York

Frieder v. Rosen

147 N.Y.S. 442

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 7, 1914

StatusPublished

This text of 147 N.Y.S. 442 (Frieder v. Rosen) 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

Frieder v. Rosen, 147 N.Y.S. 442 (N.Y. Ct. App. 1914).

Pincite

Opinion

PAGE, J.

The plaintiff sues to recover the purchase price paid for certain furniture, upon the ground that the furniture was defective, and that, although the defects were patent and discernible on inspection, an opportunity to inspect was not afforded, as payment was demanded on delivery. Unfortunately for the plaintiff, he did not, on discovering the defects, return or offer to return the goods to the seller, and therefore cannot maintain this action. Sales óf Goods Act, § 150, subd. Id.

The judgment must therefore be reversed, with costs, and complaint dismissed, with costs, without prejudice to another action. All concur.

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PAGE, J.

The plaintiff sues to recover the purchase price paid for certain furniture, upon the ground that the furniture was defective, and that, although the defects were patent and discernible on inspection, an opportunity to inspect was not afforded, as payment was demanded on delivery. Unfortunately for the plaintiff, he did not, on discovering the defects, return or offer to return the goods to the seller, and therefore cannot maintain this action. Sales óf Goods Act, § 150, subd. Id.

The judgment must therefore be reversed, with costs, and complaint dismissed, with costs, without prejudice to another action. All concur.

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Bluebook (online)

147 N.Y.S. 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frieder-v-rosen-nyappterm-1914.