Peck v. Dieterich

New York Supreme Court

Peck v. Dieterich

29 N.Y.S. 1147, 87 N.Y. Sup. Ct. 601, 62 N.Y. St. Rep. 870

DecidedJuly 14, 1894

StatusPublished

This text of 29 N.Y.S. 1147 (Peck v. Dieterich) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peck v. Dieterich, 29 N.Y.S. 1147, 87 N.Y. Sup. Ct. 601, 62 N.Y. St. Rep. 870 (N.Y. Super. Ct. 1894).

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Opinion

MAYHAM, P. J.

While the order for the cash register, signed by the defendant referred to a sample machine exhibited to him at the time of signing the same, it also contained a provision that the register was to be delivered in good working cond'fon. There was evidence before the jury from which they could reasonably find that that provision of the order was not complied with. The jury having reached that conclusion by their verdict, we think the county court was right in affirming the judgment entered, upon this verdict, within section 3063 of the Code of= Civil Procedure. Judgment affirmed, with costs.

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MAYHAM, P. J.

While the order for the cash register, signed by the defendant referred to a sample machine exhibited to him at the time of signing the same, it also contained a provision that the register was to be delivered in good working cond'fon. There was evidence before the jury from which they could reasonably find that that provision of the order was not complied with. The jury having reached that conclusion by their verdict, we think the county court was right in affirming the judgment entered, upon this verdict, within section 3063 of the Code of= Civil Procedure. Judgment affirmed, with costs.

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Bluebook (online)

29 N.Y.S. 1147, 87 N.Y. Sup. Ct. 601, 62 N.Y. St. Rep. 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-v-dieterich-nysupct-1894.