Von Bremen v. Curtis Corp. — 237 N.Y. 621

Majority

p. 621

Henry Von Bremen et al., Copartners under the Firm Name of Von Bremen, Asche & Company, Respondents, v. The Curtis Corporation, Appellant.

Headnote

Contract — sale ■— action to recover back money paid on ground• that goods delivered-were not those contracted for.

Von Bremen v. Curtis Corporation, 206 App. Diy. 601, affirmed.

(Argued February 21, 1924;

decided April 1, 1924.)

Appeal -from- a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March -17, 1923, affirming a judgment- in favor

p. 622

of plaintiffs entered upon a verdict. The action was brought to recover money had and received by the defendant from the plaintiffs, for which money the complaint alleged the defendant agreed to deliver to the plaintiffs certain goods consisting of certain specific kippered sardines; that the defendant failed to deliver said sardines, but did deliver certain other sardines, but not the sardines which the defendant had agreed to deliver, and for which said money was paid.

Alfred H. Strickland for appellant.

Gustav Lange, Jr., for responde .ts.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cajrdozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.