Legal Opinion
Portland Seed Co. v. Herbst
New York Supreme Court
Decided January 13, 1932Published
1Opinion of the CourtShientag, J.
The defendant contracted to sell to the plaintiff a quantity of vetch seed. Shipment was to be made from Europe to Portland, Ore., the buyer’s city, and the buyer was to pay the agreed price upon presentation of sight draft with shipping docu*652ments or delivery order attached. The price provision covers “ cost, insurance and freight to Portland, Oregon.” The quality of the seed is specified as “ Purity 97%, Germination 85% at point of delivery.”
The seed was duly shipped, and the buyer paid the agreed price upon presentation of the documents. When the seed arrived at Portland it was discovered…
2Cases cited7 opinions
- Standard Casing Co. v. . California Casing Co.New York Court of Appeals · 1922
- Seaver v. . Lindsay Light Co.New York Court of Appeals · 1922
- Niehoff-Schultze Grocer Co. v. GrossAppellate Division of the Supreme Court of the State of New York · 1923
- Cundill v. A. W. Millhauser Corp.New York Court of Appeals · 1931
- Truschel v. DeanSupreme Court of Arkansas · 1906
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