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Van Keuren v. Boomer & Boschert Press Co.

Supreme Court of New York, Appellate Division

March 8, 1911

WILLIAM W. VAN KEUREN, Respondent,
v.
BOOMER & BOSCHERT PRESS COMPANY, Appellant.

APPEAL by the defendant, the Boomer & Boschert Press Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 17th day of February, 1909, upon the verdict of a jury, and also from an order entered in said clerk's office on the 8th day of March, 1909, denying the defendant's motion for a new trial made upon the minutes.

Upon August 24, 1905, plaintiff requested defendant to send one of its agents to give him a price on its cider press and also information as to the press. In that communication he stated that he would like it by the fifteenth of September. On August twenty-eighth one George H. Schlegel went to the plaintiff at Kingston and presented to the plaintiff a card which contained the defendant's address at Syracuse, and upon the bottom of the card was printed 'Represented by Geo. H. Schlegel, Salesman.' At that time negotiations were had between plaintiff and said Schlegel, which resulted in a paper, of which the following is a copy. This paper was upon a blank form and the words written in are in italic

Page 786

the words not in italic being printed on the paper as part of the form:

'Dated at Kingston

'$484.79-100. this 28 day of August, 1905.

'BOOMER & BOSCHERT PRESS CO.,

'Syracuse, N.Y. :

'Through Geo. H. Schlegel your salesman, Reading, Pa., you are hereby authorized and requested to SHIP to me at Kingston Station, County of Ulster, State of New York, soon as possible, the ..... day of Sept. 1905: 1 No. 1-4 screw press, steel beam; 1 reversible platform; 18 racks and form; 16 cloth, medium; 1 elevator; 1 large grater with fast and loose pulley; supporting frame and canvas chute; (1 bbl. gage free), which I agree to promptly receive and pay the freight; I also agree to pay Four Hundred and Eighty-four 79-100 Dollars for said goods as follows: To be paid cash soon as press set up, and run and making cider, payable at Kingston National Bank.

'And it is agreed by the undersigned that the title to said property shall remain in you until it is fully paid for, and in default of the payments as agreed, or of any other condition of this agreement to be performed, you or your agent may, with or without process of law, take possession of and remove said property and collect reasonable charges for damages and expenses.

'Sold by Geo. H. Schlegel. Name W. W. Van Keuren,

'P. O. Address, Kingston, N.Y. '

Upon August thirtieth defendant sent to the plaintiff a postal card, a copy of which is here inserted, the words in italic being written in, the remaining words printed thereupon:

'BOOMER & BOSCHERT PRESS CO.,

'SYRACUSE, N.Y. Aug. 30, 1905.

'DEAR SIR.--Your order of Aug. 29, for Press, etc., received through Mr. Wm. A. Lawrence, and will have our best attention.

'Thanking you, we are

'Very truly ...

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