Legal Opinion

Suydam, Reed & Co. v. Clark

The Superior Court of New York City

Decided September 30, 1848PublishedCited by 6 opinions

Assumpsit, to recover the difference on a contract of the defendants to purchase flour, which not being performed, the flour was re-sold at their risk. The cause was tried before the Chief Justice, on the 14th of April, 1848. The plaintiffs called W. L. Roberts, who testified that he was a produce broker in this city, and made the sale and purchase of the flour between the parties.

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Assumpsit, to recover the difference on a contract of the defendants to purchase flour, which not being performed, the flour was re-sold at their risk. The cause was tried before the Chief Justice, on the 14th of April, 1848. The plaintiffs called W. L. Roberts, who testified that he was a produce broker in this city, and made the sale and purchase of the flour between the parties. The following is the bought note which he sent to the plaintiffs : “ No. 274. “ New York, July 13th, 1847. “ Gent:—We have this day sold for your account, to Clark & Coleman, 1000 barrels superfine flour, whereof…

1Opinion of the CourtBy the Court. Vanderpoel, J.

We think, the variance here is fatal. The broker was the agent of both parties ; he must be deemed to have been employed by the one to buy, and by the other, to, sell; and the notes which he delivers to the parties, evidence their contract. According to the note delivered *137to the plaintiffs, the 750 barrels only were to be delivered when it arrived, not later than three days ;* whereas, according to the note delivered to the defendants, the whole quantity, a thousand barrels, was to be delivered on its arrival, not later than three days. By the latter note then, the obligation of the…

2Cases cited2 opinions

  1. Davis v. ShieldsNew York Supreme Court · 1841
  2. Peltier v. CollinsNew York Supreme Court · 1830

3Cited by6 opinions

  1. Rochester Savings Bank v. . AverellNew York Court of Appeals · 1884
  2. Eggleston v. WagnerMichigan Supreme Court · 1881
  3. Hadden v. DandyNew Jersey Court of Chancery · 1893
  4. Otsego County Bank v. WarrenNew York Supreme Court · 1854
  5. Bland v. BrookshireCourt of Appeals of Texas · 1889

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