122 Misc. 611 | City of New York Municipal Court | 1924
Plaintiff brought this action to recover damages alleged to have been sustained by reason of defendant's refusal to accept merchandise sold to it by plaintiff. The goods in question were cotton scrim. Plaintiff was a commission house. The merchandise was sold at twenty-five cents per yard, and had been purchased by plaintiff at a net cost to it of twenty-four cents per yard. The date fixed for delivery was May twenty-ninth. The evidence showed that at the time of defendant's refusal to accept . there was no market for the merchandise; that plaintiff made reasonable efforts to sell the same without avail; that in August an offer of nineteen cents per yard was received, which was refused, and that subsequently, in October, the merchandise was sold at seventeen cents. The jury were instructed that in the event they found plaintiff had made bona fide efforts to sell the goods, but that there was no market for same and that the best offer obtainable was the one of nineteen cents, the amount to be awarded
Ordered accordingly.