De Cernea v. Cornell
New York Court of Common Pleas
Appeal from city court, general term. Action by Albert de Cernea against Bussell B. Cornell and Theodore H. Ward to recover damages for defendants’ refusal to perform a contract, in writing, for the sale and delivery of paper; the alleged damages being the difference between the agreed price, and the amount paid by the vendee, in open market, for paper of like quantity and quality.
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Appeal from city court, general term. Action by Albert de Cernea against Bussell B. Cornell and Theodore H. Ward to recover damages for defendants’ refusal to perform a contract, in writing, for the sale and delivery of paper; the alleged damages being the difference between the agreed price, and the amount paid by the vendee, in open market, for paper of like quantity and quality. From a judgment of the general term of the city court, (20 3ST. Y. Supp. 895,) which affirmed a judgment for plaintiff entered upon a verdict directed by the trial court, defendants appeal.
1Opinion of the CourtBischoff, J.
Plaintiff sought to recover damages alleged to have accrued to him from defendants’ breach of a contract, in writing, whereby they bound themselves to sell and deliver to him 1,000 reams of baker’s light straw paper, 20x30, 16 pounds to 400 sheets, at 19 cents per ream. The defense was that, by general usage in the paper trade, a ream 15x20 is accepted as of standard size, and which size serves as the common multiple for calculating the cost of a ream of different size, and that, in quoting *942the cost of paper for the purposes of purchase and sale, reference is invariably had to this common…
2Cases cited11 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Walls v. . BaileyNew York Court of Appeals · 1872
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Koehler v. . AdlerNew York Court of Appeals · 1879
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