McAlpin v. Lee
Supreme Court of Connecticut
This was an action of book debt; which was referred to auditors. They reported, that on the 24th of May, 1835, the parties entered into the following written contract: “ We, Elisha Lee and James McAlpin, have, this day, entered into the following contract, viz. the said McAlpin agrees to deliver at the store of said Lee, in Salisbury, between the date hereof and the 1st of September next, 40,000 feet of white pine lumbe^ to consist of 1 j- inch and 1 inch boards, siding and…
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This was an action of book debt; which was referred to auditors. They reported, that on the 24th of May, 1835, the parties entered into the following written contract: “ We, Elisha Lee and James McAlpin, have, this day, entered into the following contract, viz. the said McAlpin agrees to deliver at the store of said Lee, in Salisbury, between the date hereof and the 1st of September next, 40,000 feet of white pine lumbe^ to consist of 1 j- inch and 1 inch boards, siding and clapboards, in fair proportion ; and each stock of inch boards not to contain more than three or four wainy boards; and…
1Opinion of the CourtChurch, J.
The plaintiff prosecutes this action on book, acrn¡nst defendant, for the recovery of the price of a quan¿¡ty 0f furaber sold by him to the defendant, and by the defendant received and disposed of. Auditors were appointed, by the superior court, to adjust the accounts of the parties, who reported, that the lumber in question was delivered upon a special written contract, by which its prices and quality were stipulated ; that the quality of the lumber delivered was inferior to that promised by the contract, and was worth no more than 9 dollars per thousand feet, instead of 10 dollars, the…
2Cases cited11 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- The Amiable NancySupreme Court of the United States · 1818
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Bell v. CunninghamSupreme Court of the United States · 1830
- Spalding v. VandercookNew York Supreme Court · 1829
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3Cited by6 opinions
- Morse v. MooreSupreme Judicial Court of Maine · 1891
- Hatchett v. GibsonSupreme Court of Alabama · 1848
- Avery v. BrownSupreme Court of Connecticut · 1863
- Hitchcock v. HuntSupreme Court of Connecticut · 1859
- Florence Oil & Refining Co. v. FarrarCourt of Appeals for the Eighth Circuit · 1901
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