Linningdale v. Livingston
New York Supreme Court
THIS was an action of assumpsit. The first count in the declaration was on a written agreement, dated the 3d May, 1807, by which the plaintiff promised, and bound himself, to deliver to the defendant, on or before the 1st May, then next, 130 logs of yellow pine, straight and fit for boring, &c. and that the plaintiff should find a person to bore the logs, &c. and to lay them, for the sum of 87 1-2 cents per rod, &c. and also to deliver 4 large logs for troughs, at the same…
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THIS was an action of assumpsit. The first count in the declaration was on a written agreement, dated the 3d May, 1807, by which the plaintiff promised, and bound himself, to deliver to the defendant, on or before the 1st May, then next, 130 logs of yellow pine, straight and fit for boring, &c. and that the plaintiff should find a person to bore the logs, &c. and to lay them, for the sum of 87 1-2 cents per rod, &c. and also to deliver 4 large logs for troughs, at the same time, &c. And the defendant promised to pay the plaintiff on the delivery of the logs, at the landing place of the…
1Per curiam
The plaintiff, upon the trial, abandoned the special agreement, upon which he had declared, and went upon the general indebitatus assumpsit for goods sold, by proving the delivery and acceptance of the logs, and that the special agreement was no longer subsisting and in force, but had been put an end to by the refusal of the defendant to permit the logs to be laid, and by appropriating them to his own use. This evidence was accordingly admissible; and the cases of Cooke v. Munstone, (4 Bos. & Pull. 351.) and Tuttle v. Mayo, (7 Johns. Rep. 132.) allow the party in such cases to recover on the…
2Cited by22 opinions
- Britton v. TurnerSuperior Court of New Hampshire · 1834
- Lomax v. BaileyIndiana Supreme Court · 1846
- Brown v. WoodburyMassachusetts Supreme Judicial Court · 1903
- Jones v. JuddNew York Court of Appeals · 1850
- Hancock v. RossSupreme Court of Georgia · 1855
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