Norton v. . Woodruff
New York Court of Appeals
Appeal from the supreme court, where the action was assumpsit brought by Norton, Baker and Hall against Woodruff, tried at the Onondaga circuit, before Whiting, circuit judge, in April, 1846. The plaintiffs claimed’to recover upon a contract in the words following, viz: “1 agree to take all the wheat that Norton, Baker and Hall have at the storehouse of S. H. Cook, in Camillus, and also all the wheat they have at the storehouse of E. Shead, in Belle-isle, and give them one…
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Appeal from the supreme court, where the action was assumpsit brought by Norton, Baker and Hall against Woodruff, tried at the Onondaga circuit, before Whiting, circuit judge, in April, 1846. The plaintiffs claimed’to recover upon a contract in the words following, viz: “1 agree to take all the wheat that Norton, Baker and Hall have at the storehouse of S. H. Cook, in Camillus, and also all the wheat they have at the storehouse of E. Shead, in Belle-isle, and give them one barrel of first rate superfine flour at my mill in Salina, for every four and 36-60th bushels of wheat. I am to take the…
1Opinion of the CourtGardiner, J.
The only question necessary to be considered is, whether the terms of the contract taken in reference to the subject mattei and the situation of the parties, fairly import a sale or a bailment.
Neither the declarations nor the conduct of the defendant subsequent to the agreement, were admissible with a view to its construction. Evidence of this character may be resorted to for the purpose of proving a contract, or the sense in which particular terms were used by the parties, and sometimes with a view to show a conversion of the property where a bailment has been previously established. Here,…
2Cited by17 opinions
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