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DA BIERE v. von GOEBEN

5 A.D.2d 937 (1958)

Anthony Da Biere, Appellant-Respondent, v. Carl J. von Goeben et al., Respondents-Appellants

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

March 27, 1958

On May 13, 1955 plaintiff made a contract to deliver to defendants 3,000 live, full-grown pheasants averaging three to three and one-quarter pounds, for $2.50 per bird between September 15 and December 15 of that year. The proof is abundant that the birds offered for delivery did not meet the requirements of weight, were inferior in quality and that plaintiff did not perform the conditions of his contract. The Referee on this issue...

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