Per Lee v. Beebe
New York Supreme Court
Appeal from a judgment in favor of the defendants, entered upon the report of a referee. Full and complete performance by plaintiffs was not a condition precedent to payment by the defendants, because there was nothing in the terms of the contract, nor outside, that made full performance a condition precedent.
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Appeal from a judgment in favor of the defendants, entered upon the report of a referee. Full and complete performance by plaintiffs was not a condition precedent to payment by the defendants, because there was nothing in the terms of the contract, nor outside, that made full performance a condition precedent. (Typton v. Feitmer, 20 N. Y., 423 ; Withers v. Reynolds, 2 Barn. & Adol., 882; Pattridge v. Gildermester, 1 Keyes, 93; Sielcels et al. v. Patterson, 14 "Wend., 256, 257; Tal/mage v. White, 3 Jones & Spencer; 35 N. Y. Sup. Gt. Rep., 218; Swift et al. v. Opdylee et al., 43 Barb., 274;…
1Opinion of the Court
Osborn, J.:
The plaintiffs appeal from the judgment entered against them on the report of a referee, dismissing the complaint with costs. The plaintiffs are merchants in Norwich, N. Y., and the defendants hotel keepers in the same place. From April, 1870, to February, 1871, the plaintiffs had sold and delivered goods to the defendants, amounting to the sum of $572.60. On the 17th of May, 1870, and while this account was being made, the plaintiffs entered into an agreement with defendants (in parol), by which they agreed to sell and deliver to the defendants quantities of coal at an agreed…
2Cases cited4 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Sickels v. PattisonNew York Supreme Court · 1835
- Partridge v. GildermeisterNew York Court of Appeals · 1864
- Heimburg v. IsmayThe Superior Court of New York City · 1872