Seymour v. Brown
New York Supreme Court
THIS was an action- of assumpsit, tried before Mr. Just¡ce Van Ness, at the Genesee circuit, on the 6th of June, jg20. A verdict was taken for the plaintiff, subject to the 1 i opinion of the Court on a case made. The declaration ^ contained a count on a special agreement, and, also, the ge- , neral counts.
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THIS was an action- of assumpsit, tried before Mr. Just¡ce Van Ness, at the Genesee circuit, on the 6th of June, jg20. A verdict was taken for the plaintiff, subject to the 1 i opinion of the Court on a case made. The declaration ^ contained a count on a special agreement, and, also, the ge- , neral counts. The first count seated a special agreement, by which the defendants, who were millers, agreed, that for so much w^eatj °f lhe first quality, ás the plaintiffs should deliver to defendants, at. their grist mill in Genesee, the defendants would deliver, in exchange therefor, at their said…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. (After stating the facts.) The questiod, upon this state of facts, is, on whom is the loss to fall; it being proved that the defendants were not guilty of any negligence in regard to the burning of the mill and store; and that there was no default in delivering flour according to the contract, until after the destruction of the mill.
It cannot, with any kind of propriety, be asserted, that these facts show a sale of the wheat to the defendants. On the contrary, it is manifest, that no sale was ever contemplated by either of the parties. If the…
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