Devendorf v. Wert
New York Supreme Court
mHIS was an action for breach of contract in the sale of a X quantity of hops. The action was tried by a referee, who reported in favor of the defendant.
1Opinion of the Court
By the Court,
Potter, P. J.
The whole casé is simply this: The plaintiff made a valid contract with the defendant to purchase his entire crop of hops, which amounted to three thousand one hundred pounds. When the contract was made the hops were all lying in one heap, and were apparently of one quality. Without the knowledge of the vendor or of the vendee, five hundred pounds of the hops in the middle and at the bottom of the heap were heated and spoiled. The contract price was fifteen cents per pound, for the lot as it lay. The defendant refused to perform his contract, and a clear breach is…
2Cases cited3 opinions
- Whipple v. Cumberland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1843
- Hyatt v. WoodNew York Supreme Court · 1808
- Jones v. BunnCourt of Appeals of Kentucky · 1859
3Cited by9 opinions
- National Cash Register Co. v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1900
- Pease Oil Co. v. Monroe County Oil Co.New York Supreme Court · 1912
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Fitch v. FitchThe Superior Court of New York City · 1873
- Aberle v. FajenThe Superior Court of New York City · 1877
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