Sher v. Centrotex, Ltd.

Appellate Division of the Supreme Court of New York

Sher v. Centrotex, Ltd.

281 A.D. 1014, 121 N.Y.S.2d 278, 1953 N.Y. App. Div. LEXIS 4107

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

DecidedMay 12, 1953

StatusPublished

This text of 281 A.D. 1014 (Sher v. Centrotex, Ltd.) 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

Sher v. Centrotex, Ltd., 281 A.D. 1014, 121 N.Y.S.2d 278, 1953 N.Y. App. Div. LEXIS 4107 (N.Y. Ct. App. 1953).

Pincite

Opinion

The writing of June 3, 1950, although labeled “ Confirmation of Order” was in reality a counteroffer as to the remaining 30,000 yards, which called for some affirmative act of acceptance on the part of the plaintiff before it could materialize into a binding contract. Accordingly, the order is modified by granting judgment in favor of the defendant, dismissing so much of the complaint as seeks damages for the nondelivery of the goods covered by the June 3d writing, and otherwise affirmed, with costs to the defendant. Present — Peck, P. J., Glennon, Cohn, Callahan and Bergan, JJ.; Cohn, J., dissents and votes to affirm. Settle order on notice. [See 282 App. Div. 760.]

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The writing of June 3, 1950, although labeled “ Confirmation of Order” was in reality a counteroffer as to the remaining 30,000 yards, which called for some affirmative act of acceptance on the part of the plaintiff before it could materialize into a binding contract. Accordingly, the order is modified by granting judgment in favor of the defendant, dismissing so much of the complaint as seeks damages for the nondelivery of the goods covered by the June 3d writing, and otherwise affirmed, with costs to the defendant. Present — Peck, P. J., Glennon, Cohn, Callahan and Bergan, JJ.; Cohn, J., dissents and votes to affirm. Settle order on notice. [See 282 App. Div. 760.]

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Bluebook (online)

281 A.D. 1014, 121 N.Y.S.2d 278, 1953 N.Y. App. Div. LEXIS 4107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sher-v-centrotex-ltd-nyappdiv-1953.