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Winograd v. Epstein

104 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1907-05-10 English

Contents

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p. 1150
WINOGRAD, Appellant, v. EPSTEIN, Respondent.
(Supreme Court, Appellate Division, Second Department.
May 10, 1907.)

Headnote

Action by Joseph Winograd against Samuel Epstein.

If there was a breach of the contract by the defendant, the plaintiff was entitled to recover the payments made and the difference between the contract price and the value of the goods at the time and place of delivery. The payment of $50 was conceded, and the evidence that the goods were worth $50 more than the contract price was not disputed. It was therefore error to give judgment for only the sum of $50. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event.