Bowes v. W. H. Small & Co.

Headnote

Bowes v. Small & Company, 163 App. Div. 932 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

entered May 15, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover an alleged loss caused by reason of a decline in the market price of seed sold to plaintiff by defendant. The complaint alleged in substance that the defendant agreed and undertook with plaintiff that it would stand one-half of any loss or depreciation in the market value of seed after the time of purchase. Ño fraud or mistake was alleged. The answer was a general denial and alleged that said sale was without any condition on the part of the defendant which it failed to perform.