Sklarsky v. Marine Manufacturing & Supply Co.

Appellate Terms of the Supreme Court of New York

Sklarsky v. Marine Manufacturing & Supply Co.

33 Misc. 761, 67 N.Y.S. 897

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1900

StatusPublished

Cited by1 cases

This text of 33 Misc. 761 (Sklarsky v. Marine Manufacturing & Supply Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sklarsky v. Marine Manufacturing & Supply Co., 33 Misc. 761, 67 N.Y.S. 897 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

There was evidence enough in this case to support a finding that the sale was by sample and that the goods delivered did not conform to the sample. The goods were promptly returned by the plaintiff as soon as this was discovered and were accepted by the defendant, who returned the purchase money. The plaintiff brought this action to recover damages for the breach of the contract.

There is no question of warranty, express or implied, in the case. The sole inquiry is, did the defendant deliver to the plain[762]*762tiff that which it had agreed to sell, and the trial justice having resolved that question in favor of the plaintiff upon evidence which we cannot say was insufficient, the judgment must be affirmed.

Present: Beekmak, P. J., Gtegebici-i and O’Gobmah, JJ.

Judgment affirmed, with costs.

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