Zubach v. Moskowitz Flour Corp.

Appellate Terms of the Supreme Court of New York

Zubach v. Moskowitz Flour Corp.

13 Misc. 2d 445, 176 N.Y.S.2d 404

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 19, 1958

StatusPublished

This text of 13 Misc. 2d 445 (Zubach v. Moskowitz Flour Corp.) 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

Zubach v. Moskowitz Flour Corp., 13 Misc. 2d 445, 176 N.Y.S.2d 404 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

Plaintiffs were not entitled to recover any of the moneys paid as they breached the contract by refusing to accept the flour unless they examined it first and secured a chemical analysis report. Under the plaintiffs’ order and in view of the prior dealings between the parties under similar orders, the New York Produce Exchange certificate obtained by the defendants complied with the contract. Inspection before payment was unwarranted and defendants were not obligated to furnish plaintiffs with a chemical analysis report.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs, and judgment dismissing first counterclaim affirmed.

Concur — Hofstadter, J. P., Hecht and Tilzer, JJ.

Judgment reversed, etc.

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Per Curiam.

Plaintiffs were not entitled to recover any of the moneys paid as they breached the contract by refusing to accept the flour unless they examined it first and secured a chemical analysis report. Under the plaintiffs’ order and in view of the prior dealings between the parties under similar orders, the New York Produce Exchange certificate obtained by the defendants complied with the contract. Inspection before payment was unwarranted and defendants were not obligated to furnish plaintiffs with a chemical analysis report.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs, and judgment dismissing first counterclaim affirmed.

Concur — Hofstadter, J. P., Hecht and Tilzer, JJ.

Judgment reversed, etc.

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Bluebook (online)

13 Misc. 2d 445, 176 N.Y.S.2d 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zubach-v-moskowitz-flour-corp-nyappterm-1958.