Hawes, Gray & Co. v. Lawrence & Hicks
The Superior Court of New York City
This was an action of assumpsit, brought to recover damages for refusing to accept a certain quantity of linseed oil, to arrive, and imported in the ship Marcia, from London to Boston, and thence sent coastwise to Hew York, in the month of June, 1847, and sold by the plaintiffs to the defendants, through a broker by a bought and sold note.
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This was an action of assumpsit, brought to recover damages for refusing to accept a certain quantity of linseed oil, to arrive, and imported in the ship Marcia, from London to Boston, and thence sent coastwise to Hew York, in the month of June, 1847, and sold by the plaintiffs to the defendants, through a broker by a bought and sold note. The cause was tried before Sahdfobd, J., in December, 1848. The plaintiffs, who resided at Boston, proved that they authorized Henry M. Harding, a broker in Hew York, by letter, to sell the oil in question, to arrive. The letter was dated March 22,1847, and…
1Opinion of the Court
By the Court. Oakley, Ch. J.
The only question of serious consideration in this case, is the effect of the statement in the bought and sold note, that the vessel, by which the oil was expected to arrive, “ sailed on or about the 15th March ult.”
The defendants say, this was in the nature of a condition or a warranty, and that if she did not sail at the time specified, the contract would be void and inoperative against them. On the other hand, the plaintiffs contend, that the words quoted were simply a statement of a fact that was supposed to exist by the parties, neither of them knowing or…
2Cited by1 opinion
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