Tipton v. . Feitner
New York Court of Appeals
' Appeal from the Supreme Court. Action to recover the price of certain slaughtered hogs, sold by the plaintiffs to the defendant. It was defended on the ground that they were purchased under a special contract with the plaintiffs, which had been violated on their part.
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' Appeal from the Supreme Court. Action to recover the price of certain slaughtered hogs, sold by the plaintiffs to the defendant. It was defended on the ground that they were purchased under a special contract with the plaintiffs, which had been violated on their part. The case, according to the finding of the referee, before whom it was tried, was as follows: On the 3d day of February, 1855, at the city of New York, the plaintiffs agreed with the defendant, by parol, by one and the same contract, to sell the defendant eighty-eight dressed hogs, then at the slaughter-house of a third person,…
1Opinion of the Court
It is not universally true that a party to a contract who has himself failed to perform some of its provisions is thereby precluded from recovering damages for a breach committed by the other party. The question in such cases is, whether the stipulation which the plaintiff has failed to observe was a condition precedent to the performance by the defendant; and whether it is of that character or not depends upon the general scope and intention of the agreement, to be gathered from its several provisions. If the parties have in terms stipulated that the defendant's performance shall be…
2Cases cited10 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- M'Millan v. VanderlipNew York Supreme Court · 1815
- Champlin v. RowleyNew York Supreme Court · 1835
- Robb v. MontgomeryNew York Supreme Court · 1822
5 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Finlay v. SwirskySupreme Court of Connecticut · 1925
- Ming v. . CorbinNew York Court of Appeals · 1894
- Trapkus v. Edstrom's, Inc.Appellate Court of Illinois · 1986
- Fraley, Adm'r v. WilkinsonSupreme Court of Oklahoma · 1920
55 more not listed; retrieve them via the Exa API.