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

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

DecidedFebruary 24, 1941

StatusPublished

This text of 261 A.D. 935 (Gold v. Lake Erie Engineering Corp.) 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

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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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.

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Bluebook (online)

261 A.D. 935, 25 N.Y.S.2d 430, 1941 N.Y. App. Div. LEXIS 8156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gold-v-lake-erie-engineering-corp-nyappdiv-1941.