Beals v. Hirsch — 242 N.Y. 529

Majority

p. 529

Granville A. Beals, Doing Business as the Greenwich Mills, Appellant, v. Michael Hirsch, Respondent.

Headnote

Contract — sale — tender ■— contract for manufacture and sale of goods — refusal by purchaser to accept goods proper where manufacturer denies reasonable opportunity to examine.

Beals v. Hirsch, 214 App. Div. 86 , affirmed.

(Argued January 21, 1926;

decided February 24, 1926.)

Appeal from a judgment, entered July 10, 1925, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was to recover

p. 530

for an alleged breach of contract whereby plaintiff agreed to manufacture and defendant agreed to purchase a certain quantity of cloth. The complaint alleged that within the time fixed for delivery plaintiff manufactured and tendered to defendant a portion of the goods contracted for but plaintiff refused to accept the same. The defense was that plaintiff refused to accord defendant a reasonable opportunity to examine the goods before acceptance.

Joseph P. Segal and I. Gainsburg for appellant.

William L. Ransom and Colley E.. Williams for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Pound, McLaughlin, Crane, Andrews and Lehman, JJ. Absent: Cardozo, J.