ALPER BLOUSE CO. v. CONNOR & CO.


309 N.Y. 67 (1955)

Alper Blouse Company, Inc., Appellant, v. E. E. Connor & Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1955


Attorney(s) appearing for the Case

Myron Kommel for appellant.

William H. West, Jr., for respondent.

CONWAY, Ch. J., DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


FULD, J.

This action was brought by Alper Blouse Company to recover the purchase price paid to E. E. Connor & Co. for some nylon cloth, which plaintiff refused to accept because of its allegedly defective quality. Although the case has been twice tried, this is the first time it has been before this court. The first trial ended at the conclusion of plaintiff's case upon defendant's motion for a nonsuit; the...

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