Gross Distributors, Inc. v. Gould

Appellate Division of the Supreme Court of New York

Gross Distributors, Inc. v. Gould

277 A.D.2d 881

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

DecidedJune 12, 1950

StatusPublished

This text of 277 A.D.2d 881 (Gross Distributors, Inc. v. Gould) 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

Gross Distributors, Inc. v. Gould, 277 A.D.2d 881 (N.Y. Ct. App. 1950).

Pincite

Opinion

In an action for goods sold and delivered, order denying motion of plaintiff for summary judgment reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. Plaintiff has shown that the merchandise constituting the bulk of the goods sold and delivered was delivered pursuant to written order, containing [882]*882conditions which negate the claim that there had been an oral arrangement subject to certain alleged conditions. The order is complete in every respect and the failure to fill in the space under “approved credit ”, in the light of the delivery of the merchandise and the absence of any controversy over credit terms, is immaterial. Carswell, Acting P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.

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In an action for goods sold and delivered, order denying motion of plaintiff for summary judgment reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. Plaintiff has shown that the merchandise constituting the bulk of the goods sold and delivered was delivered pursuant to written order, containing [882]*882conditions which negate the claim that there had been an oral arrangement subject to certain alleged conditions. The order is complete in every respect and the failure to fill in the space under “approved credit ”, in the light of the delivery of the merchandise and the absence of any controversy over credit terms, is immaterial. Carswell, Acting P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.

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Bluebook (online)

277 A.D.2d 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gross-distributors-inc-v-gould-nyappdiv-1950.