Legal Opinion

Cunningham v. Judson

New York Supreme Court

Decided May 15, 1883Published

Appeal from a judgment in favor of tbe defendant, entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried.

1Opinion of the Court

Daniels, J.:

The recovery was for the difference between the proceeds of the sale of 500 tons of Eglinton Scotch pig iron, and the amount agreed to be paid for it by the defendant.

Eor its purchase a contract was entered into by the defendant in the following form:

New Yoek, Jcmua/ry 20, 1880.

Bought of Messrs. 'Winthrop Cunningham: & Son, for aeooumt Mr. B. F. Judson :

About five hundred (500) tons No. 1 “Eglinton” Scotch pig iron, for shipment in March, 1880, from Great Britain to New York, by sail or steam vessels, at sellers5 option, deliverable “ ex vessels ” on arrival at this port, at…

2Cases cited2 opinions

  1. Cornwell v. . HaightNew York Court of Appeals · 1860
  2. Brown v. . BrownNew York Court of Appeals · 1874

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