Davenport v. Wheeler
New York Supreme Court
On certiorari from, a justice’s court. . , The facts are sufficiently stated m the opinion of this . court- cited 2 John. 207; 13 id. 359; 12 id. 165; 5 B. & P. 61.
1Opinion of the Court
Curia.
Wheeler & Burgess sued Davenport & Barnsj in the court below: and declared on a contract in these words: * “Agreed to sell D. Davenport & Go. at the toll-house near Borne, 200 barrels of good salt, at lis. 10c?. per barrel, within 30 days, payable on delivery. 1821. Salina, Oct. 10th,
Wheeler & Burgess.
“We agree to pay for the above on delivery.
D. Daenport & Co.”
The whole salt was never delivered: but only 136 barrels and 180 lbs, . , . , and some portion of this, as it appeared This was by the receipts, was delivered after the time. '^admitted, and neither party pretended that the…
2Cited by8 opinions
- Fitzgerald v. First Nat. Bank of Rapid CityCourt of Appeals for the Eighth Circuit · 1902
- O'Donnell v. . KelseyNew York Court of Appeals · 1852
- Chicago, M. & St. P. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1899
- Porter v. PriceCourt of Appeals for the Eighth Circuit · 1897
- Calkins v. StateWisconsin Supreme Court · 1861
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