ZUBACH v. MOSKOWITZ FLOUR CORP.


13 Misc.2d 445 (1958)

Anthony G. Zubach et al., Individually and as Copartners Doing Business under the Name of USA Express Co., Respondents, v. Moskowitz Flour Corporation et al., Appellants.

Supreme Court, Appellate Term, First Department.

June 19, 1958.


Attorney(s) appearing for the Case

Maxwell Cohen for appellants.

Anthony G. Zubach for respondents.

Concur — HOFSTADTER, J. P., HECHT and TILZER, JJ.


Per Curiam.

Plaintiffs were not entitled to recover any of the moneys paid as they breached the contract by refusing to accept the flour unless they examined it first and secured a chemical analysis report. Under the plaintiffs' order and in view of the prior dealings between the parties under similar orders, the New York Produce Exchange certificate obtained by the defendants complied with the contract. Inspection before payment was unwarranted and defendants...

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