Burrows v. Whitaker
New York Supreme Court
Appeal by the defendant from an order denying a motion for a new trial made on the judge’s minutes, and also from a judgment in favor of the plaintiff, entered on the verdict of the jury. The action was brought to recover for a quantity of sawed lumber, alleged to have been sold and delivered by the plaintiff to the defendant. The answer was a general denial and payment.
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Appeal by the defendant from an order denying a motion for a new trial made on the judge’s minutes, and also from a judgment in favor of the plaintiff, entered on the verdict of the jury. The action was brought to recover for a quantity of sawed lumber, alleged to have been sold and delivered by the plaintiff to the defendant. The answer was a general denial and payment. On the trial the plaintiff gave evidence tending to show a sale of the lumber and its delivery on the bank of the Delaware river, where it was agreed that it should be deposited. While the lumber was lying on the bank of the…
1Opinion of the Court
BocKes, J.:
There was no dispute as to the general facts of the case. That there was an agreement between the parties for the purchase and sale of the lumber was admitted by both, and its terms were given by them alike except, perhaps, as to the single point of delivery. The contract was made in the spring of 1872. The defendant agreed to pay the plaintiff eleven dollars per thousand for all the good lumber, and five dollars fifty cents for all the culled lumber, the latter should deliver at Traver’s eddy, on the bank of the Delaware river, prior to the first rafting freshet in the spring of…
2Cases cited4 opinions
- Russell v. . CarringtonNew York Court of Appeals · 1870
- Crofoot v. . BennettNew York Court of Appeals · 1849
- Evans v. HarrisNew York Supreme Court · 1853
- Dexter v. BevinsNew York Supreme Court · 1864