Musical Products Distributing Co. v. Lynch Radio Corp.

Appellate Terms of the Supreme Court of New York

Musical Products Distributing Co. v. Lynch Radio Corp.

140 Misc. 651, 251 N.Y.S. 527, 1931 N.Y. Misc. LEXIS 1450

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 29, 1931

StatusPublished

This text of 140 Misc. 651 (Musical Products Distributing Co. v. Lynch Radio Corp.) 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

Musical Products Distributing Co. v. Lynch Radio Corp., 140 Misc. 651, 251 N.Y.S. 527, 1931 N.Y. Misc. LEXIS 1450 (N.Y. Ct. App. 1931).

Pincite

Opinion

Per Curiam.

The proof sufficiently supported defendant’s contentions with respect to its defense that the goods were purchased with the right to return all goods not resold. It was error, however, to permit it to recover affirmative judgment, for the reason, among others, that an agreement made by a distributor to give a “ rebate ” on unsold goods in case of reduction of the list prices issued by the manufacturer does not require the distributor to allow a rebate because it fixed new prices on like goods which it bought from the receiver of the manufacturer after the latter ceased doing business.

Judgment modified by striking out the award on the counterclaim, and as modified affirmed, without costs of appeal to either party.

Appeal from order dismissed.

All concur; present, Levy, Callahan and Untermyer, JJ.

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Per Curiam.

The proof sufficiently supported defendant’s contentions with respect to its defense that the goods were purchased with the right to return all goods not resold. It was error, however, to permit it to recover affirmative judgment, for the reason, among others, that an agreement made by a distributor to give a “ rebate ” on unsold goods in case of reduction of the list prices issued by the manufacturer does not require the distributor to allow a rebate because it fixed new prices on like goods which it bought from the receiver of the manufacturer after the latter ceased doing business.

Judgment modified by striking out the award on the counterclaim, and as modified affirmed, without costs of appeal to either party.

Appeal from order dismissed.

All concur; present, Levy, Callahan and Untermyer, JJ.

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Bluebook (online)

140 Misc. 651, 251 N.Y.S. 527, 1931 N.Y. Misc. LEXIS 1450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/musical-products-distributing-co-v-lynch-radio-corp-nyappterm-1931.