Canda v. . Wick
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 9, 1883, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. (Mem. of decision below, 17 J. & S. 497.) This action was brought, among other things, to recover damages for an alleged breach of contract to receive and pay for four hundred thousand brick, at a stipulated price.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 9, 1883, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. (Mem. of decision below, 17 J. & S. 497.) This action was brought, among other things, to recover damages for an alleged breach of contract to receive and pay for four hundred thousand brick, at a stipulated price. The referee found, in substance, that on or about September 13, 1881, the parties entered into a contract by which plaintiffs agreed to sell and deliver to defendant,…
1Opinion of the CourtAndrews, J.
The referee found, upon sufficient evidence to justify the finding, that the reasons assigned by the defendant on the 21st of September, 1881, for refusing to receive the balance of the brick of the cargo of the schooner Ellen, were groundless. He further found that the brick were of the quality specified in the contract, and that there was a sufficient available space for .piling them. Upon the defendant’s refusal to permit the plaintiffs’ cartmen to continue the delivery, the plaintiffs offered to deliver the balance of the cargo, and stated to the defendant that if brick advanced in price,…
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- Brauer v. Oceanic Steam Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1902
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