White v. Talmage
The Superior Court of New York City
Exceptions sent to the General Term. The action was to recover damages for the nondelivery of coal under several contracts between the parties.
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Exceptions sent to the General Term. The action was to recover damages for the nondelivery of coal under several contracts between the parties. The defendants alleged in their answer, that the sales mentioned in the complaint, were, as is the custom of the coal trade, made by the interchange of tickets containing the place and date ,of the transactions, and title and address of the persons selling and buying coal, with a memoranda of the amount sold or bought, and price and place of delivery, like the following : “New York, August 21st, 1869. ' “White, Fowler & Show, Coal Merchants. “ Bought…
1Opinion of the Court
By the Court.—Monell, J.
The offer to show that the contract did not contain the whole of the agreement, because no time was specified for delivery, was properly overruled. The written memorandums, or bought and sold notes, were the best, and, therefore, the only proper evidence of the contract. They could not be varied, enlarged, or contracted by any parol evidence. There was no ambiguity or concealed meaning, that required explanation or development. And their silence in respect to the time of delivery, did not allow of its being shown that it was to be different from that which the law…
2Cases cited5 opinions
- Crist v. ArmourNew York Supreme Court · 1861
- Seymour v. CowingNew York Court of Appeals · 1864
- Cook v. Ferral's AdministratorsNew York Supreme Court · 1835
- Jones v. FowlerThe Superior Court of New York City · 1869
- Anderson v. SherwoodNew York Supreme Court · 1866