Baldwin v. Caravel Co. — 236 N.Y. 566

Majority

p. 566

William H. Baldwin et al., Copartners under the Firm Name of Woodward, Baldwin & Company, Respondents, v. Caravel Company, Inc., Appellant.

Headnote

Contract — sale — action to recover for goods sold and delivered — defense of rescission.

Baldwin v. Caravel Co., Inc., 202 App. Div. 743 , affirmed.

(Argued May 4, 1923;

decided May 29, 1923.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1922, unanimously affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The action was to recover for goods alleged to have been sold and delivered. The defense was rescission on the ground that the shipment was not made as required by the contract and that the merchandise was not in accordance with the specifications. The trial court held that delivery had been made, that the right of inspection had been waived and that defendant had lost the right to rescind.

Oswald N. Jacoby and Albert T. Seharps for appellant.

Joseph Rowan for respondents.

p. 567

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Pound, McLaughlin and Crane, JJ. Not voting: Cardozo, J. Absent: Andrews, J.