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BROWN & BRO. CO. v. CHASE BRASS

10 Misc.2d 33 (1938)

Wm. H. Brown & Bro. Company of New York, Inc., Appellant, v. Chase Brass & Copper Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

June 30, 1938.

Attorney(s) appearing for the Case

Philip F. Feinberg for appellant.

Francis X. Hanley for respondent.

FRANKENTHALER, SHIENTAG and NOONAN, JJ., concur.

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.<...

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