Appellate Division of the Supreme Court of New York, 1922

Scharf v. Glasser

Scharf v. Glasser
Appellate Division of the Supreme Court of New York · Decided June 15, 1922
202 A.D. 823
Scharf v. Glasser

Opinion of the Court

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.

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