Contracts · MBE-tested
The Farish Company, Respondent, v. Phillips-Jones Corporation, Appellant
208 A.D. 765·New York Supreme Court, Appellate Division·1924·NY
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Opinion
The Farish Company, Respondent, v. Phillips-Jones Corporation, Appellant.
Appeal — Court of Appeals — permission granted to appeal.
Motion for leave to appeal to the Court of Appeals from the judgment entered upon the order of this court which was entered herein on the 1st day of February, 1924. (See ante, p. 727.)
[MAJORITY — Per Curiam:]
Per Curiam:
The question for determination upon the appeal herein was as to whether or not evidence of custom with respect to the delivery of items of “ run-outs ” and “ seconds ” contained in the contract for the sale of piece goods was properly admitted. As it is claimed that this controversy is one of general interest in all the textile trades where contracts are made in this form, we think it is one which should be finally passed upon by the Court of Appeals. Motion granted. Present — Clarke, P. J., Dowling, Smith, Merrell and McAvoy, JJ.