Braman v. Capitol Woolen Co. 234 N.Y. 621

Chester A. Braman et al., Copartners under the Firm Name of A. D. Juilliard & Co., Respondents, v. The Capitol Woolen Co., Inc., Appellant.

Contract — sale — rescission — action to recover for goods alleged to have been sold and delivered — defense that goods were not in accordance with description or sample.

Braman v. Capitol Woolen Co., Inc., 198 App. Div. 1001, affirmed.

(Argued November 28, 1922;

decided December 12, 1922.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 2, 1921, affirming a judgment in favor of plaintiffs entered upon a verdict. The complaint states a cause of action for goods sold and delivered in the sum of $10,507.40. The answer admitted the sale and the delivery of goods and non-payment. It alleged by way of affirmative defense that the goods were purchased by description and by sample; that they were not in accordance with the description or the sample, by reason of which the contract of sale was rescinded and the return of the goods tendered.

Charles J. McDermott, Lazarus Goldstone and Arthur D. Fisher for appellant.

Max D. Steuer and Irving D. Lipkowitz for respondents.