Stanton v. Small
The Superior Court of New York City
TWrtc were actions brought to recover damages for the nonacceptance of a quantity of flour sold by the plaintiff to the defendant, under the following contracts: “In consideration of one dollar, to me in hand paid, the receipt of which is hereby acknowledged, I have purchased of A. P. Stanton fifteen hundred barrels superfine flour, (Ohio, Genesee, or Michigan,) flat hoops, in good order, at the rate of eight dollars, thirty-seven and a half cents per barrel, deliverable, '…
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TWrtc were actions brought to recover damages for the nonacceptance of a quantity of flour sold by the plaintiff to the defendant, under the following contracts: “In consideration of one dollar, to me in hand paid, the receipt of which is hereby acknowledged, I have purchased of A. P. Stanton fifteen hundred barrels superfine flour, (Ohio, Genesee, or Michigan,) flat hoops, in good order, at the rate of eight dollars, thirty-seven and a half cents per barrel, deliverable, ' at the option of the seller, at any time (half each month) during the months of July and August next, cash on delivery,…
1Opinion of the CourtBy the Court. Vanderpoel, J.
The actions are brought on two executory contracts, the one dated on the 11th, and the other on the 17th June, 1847, each for the purchase by the defendant of fifteen hundred barrels of flour, at the rate of $8 37i per barrel, deliverable at the option of the seller, at any time, (half each month,) during the months of July and August. The actions are brought for the non-acceptance of the flour, when offered to the defendant.
By these memorandums of the defendant, a good executory contract was made by him to purchase flour at a specified price, payable on delivery, and we regard it as…
2Cases cited3 opinions
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
- Allen v. GibsonCourt of Appeals of Virginia · 1826
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- Hayden v. . DemetsNew York Court of Appeals · 1873
- First National Bank v. CrockerMassachusetts Supreme Judicial Court · 1872
- Williams v. TiedemannMissouri Court of Appeals · 1878
- Habeler v. RogersCourt of Appeals for the Second Circuit · 1904
- Melchert v. American Union Telegraph Co.United States District Court · 1882
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