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Altkrug v. William Whitman Co.

185 A.D. 744, 173 N.Y.S. 669 (1919)

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Altkrug v. William Whitman Co.

New York Supreme Court, Appellate Division

185 A.D. 744, 173 N.Y.S. 669 (1919)

Facts

Julius Altkrug (plaintiff) entered into contracts to purchase wool products from William Whitman Company, Inc. (Whitman) (defendant). However, Altkrug refused to accept the products. Altkrug filed suit against Whitman, contending that the products were of poor quality. Later, Whitman sold the products that Altkrug had rejected to other customers. These customers did not complain about the quality of the products. At the trial, Whitman sought to introduce evidence regarding the absence of customer complaints about the products that Altkrug had rejected. The customers who purchased the products did not testify. Further, the evidence was offered to prove the good quality of the products. The trial court admitted the evidence. Subsequently, the jury ruled in favor of Whitman. Altkrug appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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