De Waal v. Jamison
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ooenraad De Waal, from a judg- . ment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 22d day of March, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Dissent
Dowling, J. (dissenting):
The complaint herein is framed upon the theory of one contract between the plaintiff and defendants by which the plaintiff agreed to deliver to defendants 10,000 bags of sugar (expected to arrive at the port of New York within a few days after August 3, 1914), in consideration whereof the defendants were to pay therefor at the rate of two and ninerthirtyseconds cents per pound, cost and freight, and as a part of the same transaction, and in further consideration of such promise on plaintiff’s part, defendants agreed to replace said sugar within a reasonable time…
2Cases cited4 opinions
- Wooster v. . SageNew York Court of Appeals · 1876
- White v. KnappNew York Supreme Court · 1867
- Fay v. WheelerSupreme Court of Vermont · 1872
- Dickinson v. DickinsonSupreme Court of Connecticut · 1861