Gold v. Lake Erie Engineering Corp.

Appellate Division of the Supreme Court of New York

Gold v. Lake Erie Engineering Corp.

261 A.D. 935, 25 N.Y.S.2d 430, 1941 N.Y. App. Div. LEXIS 8156

Appellate Division of the Supreme Court of the State of New York·Decided February 24, 1941·Published

Opinion

— Action to recover money paid under a contract to build a milling machine. Judgment was rendered in favor of the defendant, on the merits, after trial by the court without a jury. Judgment and order denying plaintiff’s motion to amend the complaint to conform to the proof, unanimously affirmed, with costs. This court finds that title to the machine vested in respondent by force of the contract of May 23, 1936; and that while it appears that the respondent was thereafter willing to deliver the machine and drawings to the plaintiff’s assignor, it had the right to impose conditions of delivery. Present —■ Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

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— Action to recover money paid under a contract to build a milling machine. Judgment was rendered in favor of the defendant, on the merits, after trial by the court without a jury. Judgment and order denying plaintiff’s motion to amend the complaint to conform to the proof, unanimously affirmed, with costs. This court finds that title to the machine vested in respondent by force of the contract of May 23, 1936; and that while it appears that the respondent was thereafter willing to deliver the machine and drawings to the plaintiff’s assignor, it had the right to impose conditions of delivery. Present —■ Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

Gold v. Lake Erie Engineering Corp., 261 A.D. 935, 25 N.Y.S.2d 430, 1941 N.Y. App. Div. LEXIS 8156 (N.Y. Ct. App. 1941).

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261 A.D. 935 (Gold v. Lake Erie Engineering Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.