Mount v. . Lyon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover damages for the breach of a contract for the delivery of a quantity of brick.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover damages for the breach of a contract for the delivery of a quantity of brick. On the 19th day of August, 1867, by contract in writing, defendants agreed to furnish to plaintiff, delivered at the corner of Fifth avenue and Twelfth street, Brooklyn, within three months, 400,000 North river hard brick; price, delivered, $10.50 per M. Defendants delivered, under the contract, 213,500, and…
1Opinion of the CourtAllen, J.
There was a conflict of evidence upon the allegation of the defendants that the plaintiff had waived the performance of the contract by requesting the defendants not to deliver more brick under it, and the referee has found that issue against the defendants.
The contract was entire and indivisible for the delivery of a given quantity of brick, at a place specified, and within a limited time, to wit, within three months from the making of the agreement. The delivery of the entire quantity was a condition precedent to the right of the seller to demand payment for any part. Ho time of payment…
2Cases cited1 opinion
- Baker v. . HigginsNew York Court of Appeals · 1860
3Cited by10 opinions
- Widman v. GayWisconsin Supreme Court · 1899
- Bleistein v. StuderSuperior Court of Buffalo · 1888
- Prautsch v. RasmussenWisconsin Supreme Court · 1907
- Behrends v. BeyschlagNebraska Supreme Court · 1897
- Blenner v. Vim Motor Truck Co.Supreme Court of Virginia · 1923
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