Hayden v. . Demets
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action is brought to recover the contract-price of a quantity of copper.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action is brought to recover the contract-price of a quantity of copper. Plaintiff’s evidence showed the following facts: On the 6th March, 1869, the parties entered into a contract by which plaintiff sold to defendants 50,000 pounds Detroit smelted ingot copper, to be delivered on or before the twenty-fifth, buyer’s option, at twenty-six and a quarter cents per pound, and one dollar per cask, cash on delivery. On the twenty-fifth…
1Opinion of the Court
Church, Ch. J.
The contract for the sale of the copper was executory. Although the plaintiff owned the specific copper sold, he also had other copper of the same quality, and until it was designated and set apart the title remained in him. Payment and delivery were to be simultaneous acts, and neither party could maintain an action against the other without performance or tender of performance on his part. It is quite evident that the plaintiff was anxious to make the delivery, because the market price had fallen, and it is equally clear that the defendants desired to avoid the obligations of…
2Cases cited5 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Currie v. . WhiteNew York Court of Appeals · 1871
- Stryker v. BergenNew York Supreme Court · 1836
- Lamb v. LathropNew York Supreme Court · 1834
- Stanton v. SmallThe Superior Court of New York City · 1849
3Cited by39 opinions
- Agar v. OrdaNew York Court of Appeals · 1934
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Dwiggins v. ClarkIndiana Supreme Court · 1884
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
- St. Louis Range Co. v. Kline-Drummond Mercantile Co.Missouri Court of Appeals · 1906
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