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Russell v. Yglesias Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1923
205 App. Div. 868 (N.Y. App. Div. 1923)

Opinion

February, 1923.

Present — Clarke, P.J., Smith, Merrell, Finch and McAvoy, JJ.


The contract upon which the first cause of action is based called for the delivery of 1,000 bags of coffee with a permissible leeway of ten per cent. The defendant delivered 256 bags of coffee so that it was short 744 bags on the 1,000 bag contract. But, as a leeway of ten per cent was allowed, 900 bags would have been a good delivery. The shortage, therefore, was only 644 bags. The trial judge directed a verdict for the 744 bags, while it should have been directed for only 644 bags. We are of opinion that the judgment should be modified by reducing the verdict to $1,883.70, and as so modified affirmed.


Judgment modified by reducing the judgment as entered to the sum of $2,016.70, and as so modified the judgment and order are affirmed, without costs.


Summaries of

Russell v. Yglesias Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1923
205 App. Div. 868 (N.Y. App. Div. 1923)
Case details for

Russell v. Yglesias Co., Inc.

Case Details

Full title:FRANK C. RUSSELL and S. LIVINGSTON DAVIS, as Copartners, etc.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 1, 1923

Citations

205 App. Div. 868 (N.Y. App. Div. 1923)

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