PARA-TYPE STATIONERY CORP. v. BRANDTJEN & KLUGE


279 A.D. 179 (1951)

Para-Type Stationery Corporation, Respondent, v. Brandtjen & Kluge, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 4, 1951.


Attorney(s) appearing for the Case

Theodore Geffner of counsel (Wasserman, Behr & Shagan, attorneys), for appellant.

Solomon Goodman of counsel (John J. Cutroneo with him on the brief; Solomon Goodman, attorney), for respondent.

PECK, P. J., GLENNON, DORE and COHN, JJ., concur.


VAN VOORHIS, J.

Defendant's motion for summary judgment dismissing the complaint should have been granted. Defendant-appellant was required by the contract of sale to deliver an automatic printing press to plaintiff "F. O. B. St. Paul, Minn." Pursuant to this contract, appellant delivered to a common carrier on October 15, 1948, at St. Paul, Minnesota, two crates and one box of printing machinery. The larger of...

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