Rouse v. Lewis
New York Court of Appeals
Simeon Rouse sued Ebenezer Lewis, in the supreme court, for damages for breach of a contract to sell and deliver within a day named, two mowing machines, which at the time of contracting were in course of construction or alteration, at defendant’s shop. Plaintiff paid for the mowers at the time of making the contract. The only question of fact litigated was whether they were to be delivered on June 27, as claimed by plaintiff, or on July 4, as claimed by defendant.
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Simeon Rouse sued Ebenezer Lewis, in the supreme court, for damages for breach of a contract to sell and deliver within a day named, two mowing machines, which at the time of contracting were in course of construction or alteration, at defendant’s shop. Plaintiff paid for the mowers at the time of making the contract. The only question of fact litigated was whether they were to be delivered on June 27, as claimed by plaintiff, or on July 4, as claimed by defendant. On the day which plaintiff claimed was the day fixed, he demanded delivery, but the mowers were not done. Thereupon he told the…
1Opinion of the CourtPorter, J.
The judgment was reversed in the court below, on the ground that the judge erred in refusing to instruct the jury, that the defendant was not in default for omitting to have the machines ready in time, if they believed that before the time expired, he was notified by the plaintiff that he would not take them. The decision was made upon the r argument, the judge who tried the cause dissenting; and we think it quite apparent that the reversal was due to a misapprehension of the facts.
The contract, on the part of the plaintiff, was completely executed at the time it was made. All that he…
2Cases cited4 opinions
- Young v. . HunterNew York Court of Appeals · 1852
- Hasbrouck v. TappenNew York Supreme Court · 1818
- Storey v. . BrennanNew York Court of Appeals · 1857
- Holmes v. . HolmesNew York Court of Appeals · 1854
3Cited by1 opinion
- Wilson v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1900