Abrams v. Hass — 67 N.Y.S. 1127

Majority

p. 1127

ABRAMS et al., Appellants, v. HASS et al., Respondents.

(Supreme Court, Appellate Term,

January 16, 1901.)

Headnote

Action by Samuel J. Abrams and another against Barnett Hass and another. From a judgment for defendants, plaintiffs appeal.

Reversed.

S. Cohen, for appellants.

M. Greenberg, for respondents.

The plaintiffs showed the sale and delivery of 72 dozen vests at $2.80 per dozen, and the acceptance of the goods by the defendants. It does not appear that the defendants ever offered to return the goods, or even that they are now willing to return them unconditionally. No warranty that survived acceptance is alleged or shown, and no counterclaim was established. It seems that upon the evidence presented the plaintiffs should have prevailed. Judgment reversed, and new trial ordered, with costs to appellants to abide the event.