Silberman v. . Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of ¡New York, entered upon an order made June 5, 1882, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtEarl, J.
This action was brought to recover for money paid by the plaintiffs for the inspection of steel railroad rails bought by them of the defendants, and the question is who, under the contract between the parties, was bound to pay for the inspection.
The contract, dated February 20, 1880, required the rails (four thousand tons) to be “first-class German make, usual good merchantable, free from flaws and cracks, and all imperfections ; price, nine pounds, two shillings and sixpence per ton, f. o. b. Continental port. Inspection at maker’s works; payment by J. & W. Seligman’s letter of credit on…
2Cited by11 opinions
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Hirsch v. Georgia Iron & Coal Co.Court of Appeals for the Sixth Circuit · 1909
- Kilmer v. Moneyweight Scale Co.Indiana Court of Appeals · 1905
- Morowski v. RohrigNew York Court of Common Pleas · 1893
- Robert R. Stalik v. United StatesCourt of Appeals for the Tenth Circuit · 1957
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