Shields v. Pettee
The Superior Court of New York City
Assumpsit for a quantity of Gartsherie pig iron sold and de livered. The defendants pleaded the general issue, and gave notice that they would claim a recoupment of damages in respect of a part of the iron delivered, because of its not being No. 1, as called for by the contract, but of inferior quality. Also for damages for the plaintiffs non-performance of the same contract.
Read the full summary
Assumpsit for a quantity of Gartsherie pig iron sold and de livered. The defendants pleaded the general issue, and gave notice that they would claim a recoupment of damages in respect of a part of the iron delivered, because of its not being No. 1, as called for by the contract, but of inferior quality. Also for damages for the plaintiffs non-performance of the same contract. At the trial, the plaintiffs proved a bought and sold note signed by a broker in metals, as follows : New York, July 19, 1847. Sold for Messrs. G. W. Shields & Co. To Messrs. Pettee & Mann. 150 tons Gartsherie pig iron,…
1Opinion of the Court
By the Court. Oakley, Ch. J.
On fully considering *268this case, we are satisfied the plaintiffs ought to recover for the iron delivered, without deduction, on two grounds.
First. The contract between the parties, was equivalent to a contract to sell and deliver iron to arrive; that is, it was an agreement to deliver Gartsherie pig iron No. 1, if any iron of that description arrived in the ship Siddons on the voyage she was then making. It is well settled that such a contract is conditional, and that if the ship be lost, or if the subject matter of the sale do not arrive in the ship, the contract…
2Cited by10 opinions
- Haase v. NonnemacherSupreme Court of Minnesota · 1875
- Malone v. Minnesota Stone Co.Supreme Court of Minnesota · 1887
- Jackson v. JonesSupreme Court of Arkansas · 1860
- Simon v. WoodAppellate Terms of the Supreme Court of New York · 1896
- Murphy v. . John Hofman Co.New York Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.