Baker v. . Johnson
New York Court of Appeals
This was au action, brought in the Superior Court of the city of New York, to recover damages for a refusal to deliver alcohol under a contract between the parties, made through a broker, which is as follows: Sold H. J. Baker & Co., of Johnson & Lazarus, Two hundred and fifty barrels of alcohol, usual ninety-fivo per cent; eighty-eight per cent new standard. Four iron hoops, prime western barrels.
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This was au action, brought in the Superior Court of the city of New York, to recover damages for a refusal to deliver alcohol under a contract between the parties, made through a broker, which is as follows: Sold H. J. Baker & Co., of Johnson & Lazarus, Two hundred and fifty barrels of alcohol, usual ninety-fivo per cent; eighty-eight per cent new standard. Four iron hoops, prime western barrels. Delivered on board vessel under the tax law, from 20th of August to 31st August, 1862 ; duty paid. Broker for seller. At forty-five cents cash. W. W. YAH. BOSKERK, Broker, 81 Wall Street. New York,…
1Opinion of the CourtGrover, J.
If the counsel for the appellant is right in his
position, that the contract for the sale and delivery of the alcohol by the defendant included such alcohol only as was subject to the tax imposed by the act of congress, passed July 1st, 1862, he is also right in his further position that the defendant was discharged from the contract by his performance having been made impossible by act of law. The time fixed for the delivery of the alcohol was in August, 1862. The contract for the sale was made in July, 1862. The act imposing the tax provided that it should go into operation August 1st, 1862.…
2Cited by23 opinions
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- United Glass Co. v. . VaryNew York Court of Appeals · 1897
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- Webb Granite & Construction Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1905
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