Wemple v. Stewart
New York Supreme Court
THIS action was commenced in April, 1854, to recover damages for the non-performance of a contract made on the 20th of August, 1852, by the defendants, with Gardinier & Van Denburgh, in which the defendant sold and agreed to deliver to Gardinier do Van Denburgh, at their lumber yard in Fultonville, 30,000 merchantable spruce plank, sawed at their mill in Stratford, Fulton county, two-thirds at least of which to be 9 and ten inches wide, for which Gardinier do Van Den-burgh…
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THIS action was commenced in April, 1854, to recover damages for the non-performance of a contract made on the 20th of August, 1852, by the defendants, with Gardinier & Van Denburgh, in which the defendant sold and agreed to deliver to Gardinier do Van Denburgh, at their lumber yard in Fultonville, 30,000 merchantable spruce plank, sawed at their mill in Stratford, Fulton county, two-thirds at least of which to be 9 and ten inches wide, for which Gardinier do Van Den-burgh were to pay the defendants on delivery, as follows: for all the ten inch plank, twelve cents each; for all nine inch…
1Opinion of the Court
By the Court, Paige, J.
The defendants make the following points : 1. That the referee should have reformed the contract as claimed in the answer of the defendants ; 2. That the referee erred in receiving evidence of the price of plank at any other place than the place of delivery; 3. That by the terms of the contract the defendants were not bound to saw and deliver any more plank than they pleased, during the winter ensuing the date of the contract; 4. That the terms of the contract only required the defendants to deliver the plank which had been previously sawed at their mill and. was at…
2Cases cited3 opinions
- Gregory v. McDowelNew York Supreme Court · 1832
- Deifendorff v. GageNew York Supreme Court · 1849
- Barton v. SackettNew York Supreme Court · 1848
3Cited by15 opinions
- Citizens' National Bank v. JudyIndiana Supreme Court · 1896
- Wigand v. . Bachmann-Bechtel Brewing Co.New York Court of Appeals · 1918
- Orester v. Dayton Rubber Manufacturing Co.New York Court of Appeals · 1920
- Sellar v. ClellandSupreme Court of Colorado · 1875
- Allen v. YeaterWest Virginia Supreme Court · 1880
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