Henderson v. Pleasant Valley Sawmill & Coal Co.

Appellate Division of the Supreme Court of New York

Henderson v. Pleasant Valley Sawmill & Coal Co.

78 A.D.2d 872, 434 N.Y.S.2d 894, 1980 N.Y. App. Div. LEXIS 13588

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

DecidedNovember 10, 1980

StatusPublished

This text of 78 A.D.2d 872 (Henderson v. Pleasant Valley Sawmill & Coal Co.) 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

Henderson v. Pleasant Valley Sawmill & Coal Co., 78 A.D.2d 872, 434 N.Y.S.2d 894, 1980 N.Y. App. Div. LEXIS 13588 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action to recover the agreed price for certain lumber allegedly sold and delivered by plaintiffs to defendant, the appeal is from an order of the Supreme Court, Dutchess County, dated December 14,1979, which granted partial summary judgment to the plaintiffs in the principal sum of $19,957.48. Order reversed, with $50 costs and disbursements, and motion denied. The papers disclose the existence of issues of fact which can be resolved only upon a trial, including the issues of whether some of the lumber was sold subject to a condition precedent and if so, when, if ever, payment therefor became due under the agreement of the parties. Mollen, P. J., Hopkins, Titone and Weinstein, JJ., concur.

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In an action to recover the agreed price for certain lumber allegedly sold and delivered by plaintiffs to defendant, the appeal is from an order of the Supreme Court, Dutchess County, dated December 14,1979, which granted partial summary judgment to the plaintiffs in the principal sum of $19,957.48. Order reversed, with $50 costs and disbursements, and motion denied. The papers disclose the existence of issues of fact which can be resolved only upon a trial, including the issues of whether some of the lumber was sold subject to a condition precedent and if so, when, if ever, payment therefor became due under the agreement of the parties. Mollen, P. J., Hopkins, Titone and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 872, 434 N.Y.S.2d 894, 1980 N.Y. App. Div. LEXIS 13588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-pleasant-valley-sawmill-coal-co-nyappdiv-1980.