Hill v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover for a quantity of hop poles, alleged to have been sold and delivered by plaintiff to defendant, under a contract between the parties. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover for a quantity of hop poles, alleged to have been sold and delivered by plaintiff to defendant, under a contract between the parties. The facts appear sufficiently in the opinion. Mills was defendant’s special agent and defendant is not bound by any of his acts unless strictly within the authority conferred. (Story on Agency, § 133, sub. 2; Munn v. Pres., etc., 15 J. R., 43; Dunlap’s Palcy on…
1Opinion of the Court
Church, Ch. J.
The question principally litigated on the trial was w'hethcr plaintiff’s Exhibit A, or defendant’s Exhibit Ho. 3, constituted the binding contract between the parties. The referee found that the plaintiff’s exhibit constituted the contract, but upon request found that the defendant’s exhibit was a part of the contract, and should be read in connection with the contract, as claimed by the plaintiff.
The two papers are alike in most respects. Each contains an agreement by the plaintiff to sell, and the defendant to purchase 12,000 cedar hop poles, at seventy dollars per thousand,…
2Cases cited1 opinion
- Briggs v. . PartridgeNew York Court of Appeals · 1876
3Cited by11 opinions
- Clark v. . WoodruffNew York Court of Appeals · 1881
- Davidson v. MansonSupreme Court of Missouri · 1898
- Whitman v. JohnsonNew York Court of Common Pleas · 1895
- Landers v. FosterWashington Supreme Court · 1904
- Dorsey v. PikeNew York Supreme Court · 1890
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