Summary
In Scharf v. Glasser (202 App. Div. 823) the Second Department applied the same rule in connection with manufactured goods, holding that the defendants had a right under a general denial to show that the goods manufactured were not in accordance with the sample and were not tendered for delivery in time.
Summary of this case from Irving Trust Co. v. Park Tilford Import Corp.Opinion
June, 1922.
Judgment reversed on the law and a new trial granted, with costs to abide the event. It was error to exclude the evidence, offered by defendants, that the plaintiffs had failed to perform their contract, in that the goods manufactured were not in accordance with the sample, and were not tendered for delivery in time. ( Dickinson v. Tysen, 209 N.Y. 395, 401; New York N.H. Sprinkler Co. v. Andrews, 38 App. Div. 56.) Blackmar, P.J., Rich, Kelly, Jaycox and Young, JJ., concur.