Buchanan v. Curry
New York Supreme Court
THIS was an action of covenant, on a contract made the 11th of February, 1812, between the plaintiffs and defendant, by which the plaintiffs engaged to deliver to the defendant, 8000 feet of oak timber, “at a convenient rafting place, on any of the Salmon rivers, Pi/ce creek, or on the St. Lawrence river, at a good rafting place “ to be delivered in all the month of June then next, at any of the aforementioned places.”
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THIS was an action of covenant, on a contract made the 11th of February, 1812, between the plaintiffs and defendant, by which the plaintiffs engaged to deliver to the defendant, 8000 feet of oak timber, “at a convenient rafting place, on any of the Salmon rivers, Pi/ce creek, or on the St. Lawrence river, at a good rafting place “ to be delivered in all the month of June then next, at any of the aforementioned places.” The defendant covenanted to pay to the r 1 J plaintiffs, for the timber, at the rate of one shilling, Hah- . _ . fax currency, per foot, to wit: Une halt on the 1st ot March,…
1Opinion of the CourtPlatt, J.
On the part of the plaintiffs, I think the contract was'duly proved, and also that they delivered the quantity of timber according to contract, viz. to the defendant’s agent, Niel Livingston, who resided during the spring and summer of 1812, at French Mills, in the county of Franklin. The evidence to establish such agency is clear and satisfactory and the plaintiffs proved a receipt, in the following words, viz. : “ Salmon River, 30th June, 1812. This day was culled by John Hursden, the remainder of the eight thousand feet of square oak timber, agreeable to Walter and Robert Buchanan’s…
2Cited by18 opinions
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- Anderson v. TompkinsU.S. Circuit Court for the District of Virginia · 1820
- Sutherland, Alien Property Custodian v. Mayer Mayer v. Sutherland, Alien Property Custodian Reis v. MayerSupreme Court of the United States · 1926
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