Warren Chemical & Manufacturing Co. v. Holbrook
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department, entered upon order-made May 13, 1887, which affirmed a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts so far as material are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department, entered upon order-made May 13, 1887, which affirmed a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts so far as material are stated in the opinion. The defendant had not paid for the goods he had already received, and, therefore, he first broke the agreement, even if there was one, and plaintiff was. justified in refusing to deliver more. (Mallory v. Gillett, 21 N. Y. 412; 3 R. S. [7th ed.] 2327; Stone v. Browning, 51 N. Y. 211; 68 id. 598.) Fraud or…
1Opinion of the CourtParker, J.
This action was brought to recover for a quantity of roofing material. The answer admitted the sale,. delivery and balance unpaid to be as set forth in the complaint, and set up by way of counter-claim, in.substance, that defendant was the agent of the plaintiff for the district of northern New Jersey for “Warren’s Anchor Brand National Ashphalt Booling.” That by the terms of the agency he solicited contracts for putting on the plaintiff’s patent roofing. The contracts to be made with the plaintiff, but the defendant to do the work and pay the plaintiff an agreed price for the material. That…
2Cases cited3 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Kent v. . KentNew York Court of Appeals · 1875
- Parsons v. . LoucksNew York Court of Appeals · 1871
3Cited by38 opinions
- Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
- Blake v. . VoigtNew York Court of Appeals · 1892
- Nat Nal Service Stations, Inc. v. WolfNew York Court of Appeals · 1952
- Nakamura v. FujiiAppellate Division of the Supreme Court of the State of New York · 1998
- Ward v. . HasbrouckNew York Court of Appeals · 1902
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