Legal Opinion
Kirwan v. Byrne
New York Court of Common Pleas
Decided June 4, 1894PublishedCited by 1 opinion
Appeal from city court, general term. Action by Edgar F. Kirwan and others against Edward F. Byrne for breach of contract From a judgment of the city court (27 27. Y. Supp. 143) reversing a judgment in favor of plaintiffs, plaintiffs appeal.
1Opinion of the CourtBookstaver, J.
This action is for damages for breach of contract to sell and deliver 1,500 boxes of coke tin. Defendant made the following offer to plaintiffs, he having dealt with them, as broker, for live or six years:
“From Edward F. Byrne, Metal Broker, to Messrs. Kirwan & Tyler, 54 Cliff
Street.
“New York, 16th May, 1891.
“Gentlemen: I can offer you, subject to prior sale, fifteen hundred boxes i. c. 14x20 Bessemer steel coke tin, for June delivery at Locust Point, at $4.95 cash on delivery. This is a very low price; but, having offered them to other parties, and having only a limited quantity to sell, I…
2Cases cited6 opinions
- Turner v. YatesSupreme Court of the United States · 1854
- Vassar v. . CampNew York Court of Appeals · 1854
- Groat v. . GileNew York Court of Appeals · 1873
- Corcoran v. WhiteIllinois Supreme Court · 1886
- Myers v. TrescottNew York Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cedar Rapids Lumber Co. v. FisherSupreme Court of Iowa · 1906