94 N.Y.S. 342
Appellate Terms of the Supreme Court of New York
Decided June 22, 1905
Appellate Terms of the Supreme Court of New York · decided 1905-06-22
<p>Sales—Actions—Issues—Tender.</p> <p>Where plaintiff sued to recover for lumber sold on terms of a three- ■ months note, or 2 per cent, discount for cash within 10 days, and defendant failed to plead such terms, he was not entitled to prove a tender of the note. °</p>
Relies on Sidenberg v. . Ely
Affirmed · Decided 1905-06-22
¶1The plaintiff suing for lumber sold and delivered upon terms, viz., a “three months note or 2% discount for cash within ten days,” and the learned referee having so found the fact to be, the direction of judgment in favor of the plaintiff should be affirmed, for, failing so to plead, it was not error to reject the offer of the defendant Jacobson to prove' a tender of such note. Sidenberg v. Ely, 90 N. Y. 257, 266, 43 Am. Rep. 163.
¶2Judgment affirmed, with costs. All concur;