Harris v. Gill

Appellate Terms of the Supreme Court of New York

Harris v. Gill

102 N.Y.S. 665

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 4, 1907

StatusPublished

This text of 102 N.Y.S. 665 (Harris v. Gill) 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

Harris v. Gill, 102 N.Y.S. 665 (N.Y. Ct. App. 1907).

Pincite

Opinion

PER CURIAM.

The furnishing of the goods at an agreed price is conceded. Defendant’s wife testified that the linoleum, when laid, was defective. Plaintiff claimed that this dispute was settled at $3, leaving a balance of $69.38. Defendant did not testify, nor offer to return, but, on the contrary, kept the goods, so that in any event plain[666]*666tiff would be entitled to recover their value upon a quantum meruit. It was error to dismiss the, complaint.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

The furnishing of the goods at an agreed price is conceded. Defendant’s wife testified that the linoleum, when laid, was defective. Plaintiff claimed that this dispute was settled at $3, leaving a balance of $69.38. Defendant did not testify, nor offer to return, but, on the contrary, kept the goods, so that in any event plain[666]*666tiff would be entitled to recover their value upon a quantum meruit. It was error to dismiss the, complaint.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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Bluebook (online)

102 N.Y.S. 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-gill-nyappterm-1907.