Cahen v. . Platt
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 8 J. & S., 483.) This action was brought to recover damages for the alleged breach of a contract of purchase and sale. The facts appear sufficiently in the opinion. A warranty can be predicated as to the quality of the glass upon the contract proved.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 8 J. & S., 483.) This action was brought to recover damages for the alleged breach of a contract of purchase and sale. The facts appear sufficiently in the opinion. A warranty can be predicated as to the quality of the glass upon the contract proved. (Day v. Pool, 52 N. Y., 416; Dounce v. Dow, 57 id., 16; Gurney v. At. & G. W. R. Co., 58 id., 358.) The inquiry as to price was limited to that at the place of delivery. (Sedg.…
1Opinion of the CourtEarl, J.
In September, 1872, at the city of New York, the plaintiff sold to the defendants 10,000 boxes of glass, at seven and one-half per cent, discount from the tariff price of July, 1872, to be paid for in gold, at New York upon delivery of invoice and bill of lading, by bills of exchange on Antwerp. The glass was to be of approved standard qualities, and was to be shipped on board of sailing vessels at Antwerp, and to be at the risk of the defendants as soon as shipped, and they were to insure and pay the freight and custom duties. The glass was to be delivered during the months of October,…
2Cases cited3 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Durst v. . BurtonNew York Court of Appeals · 1872
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- Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- Moore v. . PotterNew York Court of Appeals · 1898
- Orester v. Dayton Rubber Manufacturing Co.New York Court of Appeals · 1920
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