New Amsterdam Import Co. v. L & S Delivery & Transfer Co.

Appellate Terms of the Supreme Court of New York

New Amsterdam Import Co. v. L & S Delivery & Transfer Co.

17 Misc. 2d 102, 183 N.Y.S.2d 864, 1959 N.Y. Misc. LEXIS 4321

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 11, 1959

StatusPublished

This text of 17 Misc. 2d 102 (New Amsterdam Import Co. v. L & S Delivery & Transfer Co.) 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

New Amsterdam Import Co. v. L & S Delivery & Transfer Co., 17 Misc. 2d 102, 183 N.Y.S.2d 864, 1959 N.Y. Misc. LEXIS 4321 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Defendant’s unilateral mistake of fact as to the method of delivery required by the contract was not such as would relieve it of its obligations thereunder, since the plaintiff changed its position in reliance upon the agreement (Abner M. Harper, Inc. v. Newburgh, 159 App. Div. 695).

The judgment should be reversed, with $30 costs, and judg-' ment directed for the plaintiff in the sum of $574.70, with costs.

Concur — Hecht, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

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