Peck Distributing Corp. v. Kellogg Sales Co.

Appellate Division of the Supreme Court of New York

Peck Distributing Corp. v. Kellogg Sales Co.

250 A.D. 738, 293 N.Y.S. 611, 1937 N.Y. App. Div. LEXIS 8687

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

DecidedFebruary 26, 1937

StatusPublished

This text of 250 A.D. 738 (Peck Distributing Corp. v. Kellogg Sales 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

Peck Distributing Corp. v. Kellogg Sales Co., 250 A.D. 738, 293 N.Y.S. 611, 1937 N.Y. App. Div. LEXIS 8687 (N.Y. Ct. App. 1937).

Pincite

Opinion

In an action for damages for the breach of each of two oral contracts by which appellant engaged respondent to distribute samples of cereals, judgment unanimously affirmed, with costs. It was the peculiar province of the trial justice to weigh the evidence and to determine credibility. His were the opportunity, the responsibility and power to decide the disputed questions of fact. (Boyd v. Boyd, 252 N. Y. 422, 429.) His determination was not against the weight of the evidence, which supports his conclusion. Neither contract is void for indefiniteness. The appellant’s contention that the trial justice based his decision on any other contract than those pleaded is without foundation. Present — Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ.

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In an action for damages for the breach of each of two oral contracts by which appellant engaged respondent to distribute samples of cereals, judgment unanimously affirmed, with costs. It was the peculiar province of the trial justice to weigh the evidence and to determine credibility. His were the opportunity, the responsibility and power to decide the disputed questions of fact. (Boyd v. Boyd, 252 N. Y. 422, 429.) His determination was not against the weight of the evidence, which supports his conclusion. Neither contract is void for indefiniteness. The appellant’s contention that the trial justice based his decision on any other contract than those pleaded is without foundation. Present — Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ.

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Bluebook (online)

250 A.D. 738, 293 N.Y.S. 611, 1937 N.Y. App. Div. LEXIS 8687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-distributing-corp-v-kellogg-sales-co-nyappdiv-1937.

Opinion

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