Appellate Division of the Supreme Court of New York, 1939

George v. Gervas Canning Co.

George v. Gervas Canning Co.
Appellate Division of the Supreme Court of New York · Decided June 28, 1939
257 A.D. 1028; 13 N.Y.S.2d 594; 1939 N.Y. App. Div. LEXIS 8950
George v. Gervas Canning Co.

Opinion of the Court

— Judgment and order affirmed, with costs. Memorandum: There was sufficient evidence for the jury to find that the defendant unreasonably refused to accept delivery of, and to pay for beans grown by plaintiff for the defendant under the terms of the contract between the parties, and also to find that thereafter the plaintiff used reasonable efforts to dispose of the beans so refused by the defendant. The verdict was not excessive in amount. All concur. (The judgment is for plaintiff in an action for damages for breach of contract. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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