Scharf v. Glasser

Appellate Division of the Supreme Court of New York

Scharf v. Glasser

202 A.D. 823

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

DecidedJune 15, 1922

StatusPublished

Cited by1 cases

This text of 202 A.D. 823 (Scharf v. Glasser) 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

Scharf v. Glasser, 202 A.D. 823 (N.Y. Ct. App. 1922).

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Opinion

Judgment reversed on the law and a new trial granted, with costs to abide the event. It was error to exclude the evidence, offered by defendants, that the plaintiffs had failed to perform their contract, in that the goods manufactured were not in accordance with the sample, and were not tendered for delivery in time. (Dickinson v. Tysen, 209 N. Y. 395, 401; New York & N. H. Sprinkler Co. v. Andrews, 38 App. Div. 56.) Blackmar, P. J., Rich, Kelly, Jaycox and Young, JJ., concur.

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Judgment reversed on the law and a new trial granted, with costs to abide the event. It was error to exclude the evidence, offered by defendants, that the plaintiffs had failed to perform their contract, in that the goods manufactured were not in accordance with the sample, and were not tendered for delivery in time. (Dickinson v. Tysen, 209 N. Y. 395, 401; New York & N. H. Sprinkler Co. v. Andrews, 38 App. Div. 56.) Blackmar, P. J., Rich, Kelly, Jaycox and Young, JJ., concur.

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Bluebook (online)

202 A.D. 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scharf-v-glasser-nyappdiv-1922.

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