Cornwell v. . Haight
New York Court of Appeals
Appeal from the Supreme Court. Action for damages from the non-performance by the defendant of a contract for the sale and delivery of grain. Upon the trial, before Mr. Justice Watson, the plaintiffs proved these facts: On the 20th of January, 1847, the defendant sold to the plaintiffs 2,500 bushels of grain, consisting of rye, oats and corn: 800 bushels of rye at 67 cents a bushel, 600 bushels of corn at 64 cents, and 1,600 bushels of oats at 82-J- cents.
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Appeal from the Supreme Court. Action for damages from the non-performance by the defendant of a contract for the sale and delivery of grain. Upon the trial, before Mr. Justice Watson, the plaintiffs proved these facts: On the 20th of January, 1847, the defendant sold to the plaintiffs 2,500 bushels of grain, consisting of rye, oats and corn: 800 bushels of rye at 67 cents a bushel, 600 bushels of corn at 64 cents, and 1,600 bushels of oats at 82-J- cents. The grain was to be delivered at Chatham Four Corners, at the railroad station, and the delivery was to commence, the next day. $20 was…
1Opinion of the Court
A reference to the opinion delivered in this court when the cause was here before, reversing the judgment of the Supreme Court in favor of the plaintiffs, and granting a new trial, will show that such reversal was made upon the ground of error in the charge of the judge who tried the cause. He had charged the jury that if the defendant had delivered the rye or any part thereof, after he had a right to exact security by the terms of the contract, he had waived the security, and had no right to exact it as to the oats and corn, not delivered. This was held to be erroneous by this court. It was…
2Cited by13 opinions
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Stokes v. . MacKayNew York Court of Appeals · 1895
- Blewett v. . BakerNew York Court of Appeals · 1874
- Brakarsh v. BrownNew York Supreme Court · 1937
- Davis v. TrueAppellate Division of the Supreme Court of the State of New York · 1903
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