Henry v. Daley
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury. The action was brought to recover the amount agreed to be paid for the transfer by the plaintiff’s assignor to one Bloomer (for whom the defendant was surety,) of a certain milk business in the city of Poughkeepsie.
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Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury. The action was brought to recover the amount agreed to be paid for the transfer by the plaintiff’s assignor to one Bloomer (for whom the defendant was surety,) of a certain milk business in the city of Poughkeepsie. Among other defences the defendant set up that the plaintiff’s assignor induced said Bloomer to enter into the contract by making certain false representations as to the extent of the business, and also alleged that the plaintiff’s assignor had made a certain warranty as to the extent of such…
1Opinion of the Court
Gilbert, J.:
On the 4th of April, 1878, one Bloomer and the assignor of the plaintiff entered into a mutual contract under seal, whereby the former sold to the latter “a milk route” in Poughkeepsie, with the good will thereof, and certain chattels connected therewith, and guaranteed that on said milk route he had been and was selling 150 quarts of milk per day, and he agreed not to sell or be interested in selling sweet milk in Poughkeepsie while Bloomer remained in business. In consideration thereof Bloomer agreed to purchase said property, aiid to pay $100 in cash on the 25th of said April,…
2Cases cited3 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Lindsley v. . FergusonNew York Court of Appeals · 1872
- Comstock v. AmesNew York Court of Appeals · 1867