Powell v. Melrose Milk Co.

Appellate Division of the Supreme Court of New York

Powell v. Melrose Milk Co.

246 A.D. 706

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1935·Published

Opinion

Action to recover a balance due for milk products sold to the defendant. Judgment dismissing the complaint upon the merits unanimously reversed and a new trial ordered, with costs to the appellants to abide the event. The uncontradieted testimony and admissions of defendant establish that plaintiff is entitled to recovery for the goods admittedly delivered and not paid for. Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

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Action to recover a balance due for milk products sold to the defendant. Judgment dismissing the complaint upon the merits unanimously reversed and a new trial ordered, with costs to the appellants to abide the event. The uncontradieted testimony and admissions of defendant establish that plaintiff is entitled to recovery for the goods admittedly delivered and not paid for. Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

Powell v. Melrose Milk Co., 246 A.D. 706 (N.Y. Ct. App. 1935).

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