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
Appellate Terms of the Supreme Court of New York·Decided February 11, 1959·Published

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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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).

17 Misc. 2d 102 (New Amsterdam Import Co. v. L & S Delivery & Transfer Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Abner M. Harper, Inc. v. City of Newburgh
159 A.D. 695 (Appellate Division of the Supreme Court of New York, 1913)