Heller v. Altman

Appellate Terms of the Supreme Court of New York

Heller v. Altman

91 N.Y.S. 769

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 17, 1905

StatusPublished

This text of 91 N.Y.S. 769 (Heller v. Altman) 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

Heller v. Altman, 91 N.Y.S. 769 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

The evidence sustains the conclusion that the rags were ip the same condition when plaintiff went to take them away that they were in when he bought them. In that case he was not justified in refusing to take them, and defendants were justified in' [770]*770selling them for the best price obtainable, and -holding plaintiff for the loss. That loss, however, amounted only to $3.45. The $10 was deposited with defendants not as a forfeit, but as part payment upon the purchase. Taking the view of the case most favorable to defendants, the plaintiff should have recovered $6.55.

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

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PER CURIAM.

The evidence sustains the conclusion that the rags were ip the same condition when plaintiff went to take them away that they were in when he bought them. In that case he was not justified in refusing to take them, and defendants were justified in' [770]*770selling them for the best price obtainable, and -holding plaintiff for the loss. That loss, however, amounted only to $3.45. The $10 was deposited with defendants not as a forfeit, but as part payment upon the purchase. Taking the view of the case most favorable to defendants, the plaintiff should have recovered $6.55.

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

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Bluebook (online)

91 N.Y.S. 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heller-v-altman-nyappterm-1905.