Cahen v. Platt
The Superior Court of New York City
Appeal by the defendants from a judgment entered in favor of plaintiff for nine thousand three hundred and thirty-nine dollars and twenty-two cents, upon the verdict of a jury.
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Appeal by the defendants from a judgment entered in favor of plaintiff for nine thousand three hundred and thirty-nine dollars and twenty-two cents, upon the verdict of a jury. The complaint alleges that in September, 1872, the defendants agreed to buy from the plaintiff eight thousand single and two thousand double boxes of glass, to be shipped from a Belgium factory, in October, November, and December, 1872, and, January, 1873, at a price fixed at a specified discount from a certain- list of July 16, 1872, payable in the city of New York, in gold, on delivery here of invoice and bills of…
1Opinion of the Court
By the Court.—Speir, J.
The plaintiff delivered to the defendants under the contract all the glass except four thousand nine hundred and twenty-four boxes, and those, which were delivered, arrived on March 10 and 21, May 12, and June 23, in 1873. These were paid for. and examined in a week or two *489after arrival. The plaintiff’s claim is for the difference between the contract price and the market price of the four thousand nine hundred and twenty-four undelivered boxes of glass. On April 15, 1873, the defendants wrote to the plaintiff to write by the steamer which was to sail the next day, to…
2Cases cited6 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Day v. . PoolNew York Court of Appeals · 1873
- Sprague v. BlakeNew York Supreme Court · 1838
- Dounce v. . DowNew York Court of Appeals · 1874
- Hamilton v. GanyardNew York Supreme Court · 1861
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