Steinhardt v. Phelps

Appellate Terms of the Supreme Court of New York

Steinhardt v. Phelps

32 Misc. 730, 66 N.Y.S. 311

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 15, 1900

StatusPublished

Cited by1 cases

This text of 32 Misc. 730 (Steinhardt v. Phelps) 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

Steinhardt v. Phelps, 32 Misc. 730, 66 N.Y.S. 311 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

The exclusion of testimony offered by the defendant tending to show the actual value of the animal in question at the time of the sale was prejudicial error requiring a reversal of this judgment. Where the action is for breach of warranty or fraud in the sale of goods, the measure of damages, if there has been no rescission, is the difference between the value of the chattel, if it had corresponded with the warranty, and its actual value.

[731]*731Judgment reversed and new trial ordered, with costs to the appellant to abide the event.

Present: Beekman, P. J., Giegerich and O’Gorman, JJ.

Judgment reversed 'and new trial ordered, with costs to appellant to abide event.

Free access — add to your briefcase to read the full text and ask questions with AI