Hyperlawhypertext legal database Hohenstein v. Apollo Incandescent Gaslight Co. 61 N.Y.S. 1138

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Hohenstein v. Apollo Incandescent Gaslight Co.

61 N.Y.S. 1138 Court N.Y. City Ct. Decision date 1899-12-27 English

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p. 1138
HOHENSTEIN, Appellant, v. APOLLO INCANDESCENT GASLIGHT CO., Respondent.
(City Court of New York, General Term.
December 27, 1899.)

Headnote

Action by Hugo Hohenstein against the Apollo Incandescent Gaslight Company. From a judgment for defendant, plaintiff appeals. Affirmed. Felix Jellenic, for appellant. Benjamin Veit, for respondent.

Plaintiff’s Exhibit A, we think, was not a complete contract. It was simply an order or memorandum, acknowledging the receipt of an order for the goods therein mentioned, with the quantity and price thereof, hut cannot be said to contain all the conditions and agreements made at the time of sale. It was, therefore, proper to allow part of the testimony tending to prove the contract of sale made between the parties. Brigg v. Hilton, 99 N. Y. 517 , 3 N. E. 51 . We find no error, and judg ment must be affirmed, with costs.

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