Watts v. Phillips-Jones Corp. — 242 N.Y. 557

Majority

p. 557

Ridley Watts et al., Respondents, v. Phillips-Jones Corporation, Appellant.

Headnote

Contract — sale — evidence — action to recover for alleged breach of contract to purchase goods — defenses that plaintiffs were not real parties in interest and that goods tendered were defective — evidence of prices.

Watts v. Phillips-Jones Corp., 211 App. Div. 523 , affirmed.

(Argued February 25, 1926;

decided March 30, 1926.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 15, 1925, unanimously affirming a judgment in favor of plaintiffs entered upon a verdict. The action was brought to recover for breach of an alleged contract whereby defendant agreed to purchase from plaintiffs some 300,000 yards of unbleached cotton cloth to be delivered in weekly installments com

p. 558

mencing in November, 1920. Defendant contended that plaintiffs in making the contract acted as agents for others and have no right to maintain the action in their own names, also that the goods tendered were defective and not in accordance with the terms of the contract.

Louis Marshall, I. Henry Kwtz, Hugo Hirsh, Emanuel Neuman and Benjamin Reass for appellant.

Eugene W. Leake and Edward A. Craighill, Jr., for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Pound, Crane and Andrews, JJ.; His cock, Ch. J., McLaughlin and Lehman, JJ., dissent, on the ground that purported market reports were improperly received as evidence of prices.