Reising v. Seaman

Appellate Division of the Supreme Court of New York

Reising v. Seaman

258 A.D. 803, 15 N.Y.S.2d 553, 1939 N.Y. App. Div. LEXIS 7024

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1939·Published

Opinion

In an action for breach of a contract for the sale of oysters, plaintiff was nonsuited. Judgment of the County Court of Nassau county reversed on the law and a new trial granted, with costs to appellant to abide the event. Accepting plaintiff’s testimony as true, the defendant agreed to sell plaintiff 5,000 bushels of oysters at one dollar and thirty-five cents a bushel and, after the delivery of 1,400 bushels, the defendant [804]*804breached the contract. It was error, therefore, to dismiss the complaint. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

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In an action for breach of a contract for the sale of oysters, plaintiff was nonsuited. Judgment of the County Court of Nassau county reversed on the law and a new trial granted, with costs to appellant to abide the event. Accepting plaintiff’s testimony as true, the defendant agreed to sell plaintiff 5,000 bushels of oysters at one dollar and thirty-five cents a bushel and, after the delivery of 1,400 bushels, the defendant [804]*804breached the contract. It was error, therefore, to dismiss the complaint. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

Reising v. Seaman, 258 A.D. 803, 15 N.Y.S.2d 553, 1939 N.Y. App. Div. LEXIS 7024 (N.Y. Ct. App. 1939).

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