Blackburn v. Reilly
Supreme Court of New Jersey
Ou error to the Essex Circuit Court. Blackburn, the plaintiff below, a Virginia dealer in bark, entered into a contract on May 13th, 1882, to sell to the defendant below, Reilly, a Newark tanner, for use in his business, fifty-two car-loads of bark at the price of $18 per ton, to be delivered at the rate of one car-load per week until the whole should have been delivered. Under'this contract, five car-loads were actually delivered.
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Ou error to the Essex Circuit Court. Blackburn, the plaintiff below, a Virginia dealer in bark, entered into a contract on May 13th, 1882, to sell to the defendant below, Reilly, a Newark tanner, for use in his business, fifty-two car-loads of bark at the price of $18 per ton, to be delivered at the rate of one car-load per week until the whole should have been delivered. Under'this contract, five car-loads were actually delivered. This was stored by Reilly in a loft over his tannery with other bark. It was all paid for at the contract price by July 3d, 1882, but none of it was used until…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
The first question for decision on this writ of error is whether the pleas puis darrein eontinuanee were good.
They were pleaded in bar of the action, and a prime requisite of such pleas is that they shall allege facts which form a conclusive answer to the action and entitle the defendant to a final judgment in the cause. 1 Ch. on Pl. 525. The express terms of the contract, relied on in these pleas, show that nothing growing out of and dependent upon that agreement could have this broad effect in favor of the defendant. According to its…
2Cases cited1 opinion
- Cahen v. . PlattNew York Court of Appeals · 1877
3Cited by18 opinions
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- Marcus v. Township of AbingtonCourt of Appeals for the Third Circuit · 1994
- Armsby v. Grays Harbor Commercial Co.Oregon Supreme Court · 1912
- West v. BechtelMichigan Supreme Court · 1900
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