ALBANY PUB. MKT., INC. v. J. M. STEINHARDT, INC.


286 A.D. 942 (1955)

Albany Public Market, Inc., Respondent, v. J. M. Steinhardt, Inc., Appellant

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

July 7, 1955.


This action was brought to recover damages for breach of the defendant's contract to install a good serviceable refrigerator system in the plaintiff's store. While the plaintiff selected display cases of a particular manufacture, it left it to the defendant to select and install the necessary machinery and equipment which would adequately and properly operate the cases selected. The proof showed that the motor which was installed was not of adequate horsepower in view of...

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