Thomson v. Poor
New York Supreme Court
Appeal from circuit court, Warren county. Action by Lemon Thomson against John O. Poor and others on a sealed contract for the sale of bark to be peeled from plaintiff's trees by defendants at the rate of 1,000 cords a year. Judgment for defendants. Plaintiff appeals.
1Opinion of the CourtLearned, P. J.
This is an appeal from a judgment on a verdict in favor of defendants, and from an order denying a new trial. The complaint sets out at length a sealed contract between plaintiff and defendants, dated April 1, 1885, for the sale to them, at a certain price, of hemlock bark on trees of a certain specified size, in a certain lot; the bark to be peeled by them, 1,000 cords in each year after the first; the timber to be cut and piled by the plaintiff in the same year in which the bark is peeled. The complaint charges that in the year 1886 the defendants peeled 935g cords, took a part thereof, but…
2Cases cited6 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Swain v. SeamansSupreme Court of the United States · 1870
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
- Homer v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1876
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3Cited by5 opinions
- Paullus v. YARBROUGH ET UXOregon Supreme Court · 1959
- Cervadoro v. First National Bank & Trust Co. of HudsonAppellate Division of the Supreme Court of the State of New York · 1944
- Gambee v. ArgendorfNew York Supreme Court · 1958
- In re the Rochester, Hornellsville & Lackawanna RailroadNew York Supreme Court · 1889
- Thompson v. PoorNew York Supreme Court · 1893