City of New York Municipal Court, 1899

Hohenstein v. Apollo Incandescent Gas Light Co.

Hohenstein v. Apollo Incandescent Gas Light Co.
City of New York Municipal Court · Decided December 15, 1899
30 Misc. 832; 61 N.Y.S. 1138

Counsel

Felix Jellenik, for appellant., Benjamin Veit (Alfred Ely and Sol. M. Stroock, of counsel), for respondent.

Hohenstein v. Apollo Incandescent Gas Light Co.

Opinion of the Court

Per Curiam.

Plaintiff’s exhibit A we think was not a complete •contract. It was simply an order or memorandum acknowledging* the receipt of an order for the goods therein mentioned, and the quantity and price thereof, but it cannot be said to contain all the conditions and agreements made at the time of the sale. It was, therefore, proper to allow parol testimony tending to prove the contract of sale made between the parties. Brigg v. Hilton, 99 N. Y. 517.

We find no error and the judgment must be affirmed, with ■costs.

Present: Eitzsimons, Ch. J., and Schuchman, J.

Judgment affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.