Brown Bro. Co. v. Chase Brass

Full title: WM. H. BROWN BRO. COMPANY OF NEW YORK, INC., Appellant, v. CHASE BRASS…

Court: Supreme Court, Appellate Term, First Department

Date published: Jun 30, 1938

10 Misc. 2d 33 (N.Y. App. Term 1938)

6 N.Y.S.2d 40

Opinion

June 30, 1938

Appeal from the Municipal Court of the City of New York, Borough of Manhattan.

Philip F. Feinberg for appellant.

Francis X. Hanley for respondent.

Per Curiam.

It is clear that the defendant through its salesman had oral notice of the contract of resale and that no other product but the defendant's was available. Such evidence is sufficient to hold the defendant liable for special damages. ( Czarnikow-Rionda Co. v. Federal Sugar Refining Co., 255 N.Y. 33, 44.) The salesman had apparent authority to do everything necessary to consummate the contract and notice to him was notice to the defendant.

The judgment insofar as appealed from should be reversed, with $30 costs, and judgment directed for plaintiff, and the case remanded to the court below for the purpose of assessing damages.

FRANKENTHALER, SHIENTAG and NOONAN, JJ., concur.

Judgment reversed, etc.