Pike v. Nash
New York Court of Appeals
The defendants having purchased the standing trees on a lot of land in the county of Saratoga, agreed with the plaintiff to cut, prepare and transport to the Hew Tork market for them, from the lot, dock logs and piles of specified sizes. The dock sticks were to be either 31, 36 or 41 feet in length, and not less than seven inches in diameter at the small end; and the piles fourteen, inches in diameter at the large end, and from forty-five to fifty feet long.
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The defendants having purchased the standing trees on a lot of land in the county of Saratoga, agreed with the plaintiff to cut, prepare and transport to the Hew Tork market for them, from the lot, dock logs and piles of specified sizes. The dock sticks were to be either 31, 36 or 41 feet in length, and not less than seven inches in diameter at the small end; and the piles fourteen, inches in diameter at the large end, and from forty-five to fifty feet long. For cutting, preparing and transporting to Hew Tork each dock stick the plaintiff was to be paid one dollar and twelve and a half cents,…
1Opinion of the CourtWeight, J.
The dock sticks, by the terms of the contract, were to be of specified length, and not less than seven inches in diameter at the small or top end; and the spruce trees on the lot, over fourteen inches in diameter at the butt, and suitable for spars were tobe cut and transported to the New York market on shares. Some of the dock sticks (but how many is not found) were not so large as the contract prescribed, and the largest of the spars (how many is not known) on being inspected and tested, after transportation, were found to be of inferior quality. It is because the contract was not strictly…
2Cases cited1 opinion
- Sickels v. PattisonNew York Supreme Court · 1835
3Cited by4 opinions
- Schaefer v. GildeaSupreme Court of Colorado · 1876
- O'Rourke v. Bates, New York County Courts1911
- W. N. Stevenson & Co. v. HartmanAppellate Division of the Supreme Court of the State of New York · 1920
- Barton v. HermannNew York Court of Common Pleas · 1872