Crist v. Armour
New York Supreme Court
THE complaint in this case alleged that the defendant, on or about the month of May, 1859, contracted and agreed to and with the plaintiff, to sell to the plaintiff and deliver to him, at the Hew York Central Bail Boad depot, at Oneida, all the cheese he then had on hand, made from a dairy of forty cows, and also the cheese made from the said dairy thereafter, during the season of 1859; and in consideration thereof, the plaintiff was to pay the defendant therefor the sum of…
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THE complaint in this case alleged that the defendant, on or about the month of May, 1859, contracted and agreed to and with the plaintiff, to sell to the plaintiff and deliver to him, at the Hew York Central Bail Boad depot, at Oneida, all the cheese he then had on hand, made from a dairy of forty cows, and also the cheese made from the said dairy thereafter, during the season of 1859; and in consideration thereof, the plaintiff was to pay the defendant therefor the sum of eight cents per pound for said cheese, payable on delivery, or whenever called for; that it was also contracted and…
1Opinion of the Court
By the Court, Mullin, J.
The contract on which this action was brought, as proved on the trial, was that the defendant agreed to sell, and the plaintiff to purchase, the defendant’s dairy of cheese—all he had made during the season *384before the making of the contract and all he should thereafter make—to be delivered at Oneida depot, the first load within a few days and the remainder when ordered by the plaintiff. The price was 8 cents per pound, payable on delivery. The defendant was to keep the cheese until they amounted to the number of one hundred, if required to do so by the plaintiff.
As the…
2Cases cited4 opinions
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Smith v. LewisSupreme Court of Connecticut · 1856
- Traver v. HalstedNew York Supreme Court · 1840
- Frost v. ClarksonNew York Supreme Court · 1827
3Cited by32 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Kadish v. YoungIllinois Supreme Court · 1883
- Bunge v. . KoopNew York Court of Appeals · 1872
- Stanford v. McGillNorth Dakota Supreme Court · 1897
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