Wm. H. Brown & Bro. Co. of New York, Inc. v. Chase Brass & Copper Co.

Appellate Terms of the Supreme Court of New York

Wm. H. Brown & Bro. Co. of New York, Inc. v. Chase Brass & Copper Co.

10 Misc. 2d 33, 6 N.Y.S.2d 40, 1938 N.Y. Misc. LEXIS 1206

Appellate Terms of the Supreme Court of New York·Decided June 30, 1938·Published·Cited by 1 cases

Opinion

Per Curiam.

It is clear that the defendant through its salesman had oral notice of the contract of resale and that no other product but the defendant’s was available. Such evidence is sufficient to hold the defendant liable for special damages. (Czarnikow-Rionda Co. v. Federal Sugar Refining Co., 255 N. Y. 33, 44.) The salesman had apparent authority to do everything necessary to consummate the contract and notice to him was notice to the defendant.

[34] The judgment insofar as appealed from should be reversed, with $30 costs, and judgment directed for plaintiff, and the case remanded to the court below for the purpose of assessing damages.

Frankenthaler, Shientag and Noonan, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

It is clear that the defendant through its salesman had oral notice of the contract of resale and that no other product but the defendant’s was available. Such evidence is sufficient to hold the defendant liable for special damages. (Czarnikow-Rionda Co. v. Federal Sugar Refining Co., 255 N. Y. 33, 44.) The salesman had apparent authority to do everything necessary to consummate the contract and notice to him was notice to the defendant.

[34] The judgment insofar as appealed from should be reversed, with $30 costs, and judgment directed for plaintiff, and the case remanded to the court below for the purpose of assessing damages.

Frankenthaler, Shientag and Noonan, JJ., concur.

Judgment reversed, etc.

Wm. H. Brown & Bro. Co. of New York, Inc. v. Chase Brass & Copper Co., 10 Misc. 2d 33, 6 N.Y.S.2d 40, 1938 N.Y. Misc. LEXIS 1206 (N.Y. Ct. App. 1938).

Pincite

10 Misc. 2d 33 (Wm. H. Brown & Bro. Co. of New York, Inc. v. Chase Brass & Copper Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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