Anderson v. Sherwood
New York Supreme Court
THE action was brought before a justice of the peace, to recover damages against the defendant for not delivering a quantity of wheat to the plaintiff pursuant to contract. The justice rendered a judgment in favor of the plaintiff for $30 damages, together with costs. The defendant appealed to the county court of Onondaga county, and the judgment of the justice was affirmed with costs, and the defendant brought his appeal to this court.
1Opinion of the Court
By the Court,
Foster, J.
The plaintiff complained that on or about the 30th of June, 1864, he purchased of the defendant one hundred bushels of wheat at fifteen shillings per bushel, and paid him $10 towards the same to bind the bargain; and that the plaintiff was to draw the wheat for a reasonable compensation. That on or about the 10th of July, thereafter, he went to the defendant’s house with his team, to get a load of wheat, and that the defendant refused to let him have it, and that the wheat was then worth $2.50 per bushel.
The defendant, in his answer, denied the allegations of the…
2Cases cited1 opinion
- Crist v. ArmourNew York Supreme Court · 1861
3Cited by2 opinions
- Riendeau v. BullockNew York Supreme Court · 1892
- White v. TalmageThe Superior Court of New York City · 1873