Durkee v. Mott
New York Supreme Court
This was a motion, made upon a case, to set aside the report of a referee. The action was to recover damages for a, breach of contract by which, as alledged, the plaintiff was to take the defendant’s piles to New-York, for one dollar and twenty-five cents, and his dock logs for sixty-two and an half cents; averring that the plaintiff had offered to fulfil, and that the defendant had refused to allow him to do so.
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This was a motion, made upon a case, to set aside the report of a referee. The action was to recover damages for a, breach of contract by which, as alledged, the plaintiff was to take the defendant’s piles to New-York, for one dollar and twenty-five cents, and his dock logs for sixty-two and an half cents; averring that the plaintiff had offered to fulfil, and that the defendant had refused to allow him to do so. The plaintiff was to allow the defendant certain prices for withes and poles to raft with. There were also common counts. Plea non-assumpsit and notice of set-off. The contract, as…
1Opinion of the Court
By the Court, Hand, J.
This contract, if made at all, was certainly made ih a very loose manner, and the conversation between the parties seems to have been variously understood by the different persons present. The witnesses of the defend*425ant, if correct, showing no contract at all, and that all negotiation was broken off on Monday after the Saturday on which it began. In this view it would lay no foundation for an action. But the referee has found that there was a contract, and a breach of it by the defendant; and as the testimony is not decisive either way, his finding is sufficient on that…
2Cases cited6 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Shannon v. ComstockNew York Supreme Court · 1839
- Dox v. DeyNew York Supreme Court · 1829
- Rogers v. Holly & JarvisNew York Supreme Court · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Hammond v. BeesonSupreme Court of Missouri · 1892
- Moody v. LeverichNew York Court of Common Pleas · 1873
- Slattery v. CothranAppellate Division of the Supreme Court of the State of New York · 1924
- Western Union Telegraph Co. v. GrahamSupreme Court of Colorado · 1871
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