Kemp v. Knickerbocker Ice Co.
New York Court of Common Pleas
The defendant, a corporation organized under the laws of this state, entered into two contracts with the plaintiffs, dated respectively February 25, 1864, and October 25,1869, for the sale and delivery of ice during a period of several years at a stipulated price.
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The defendant, a corporation organized under the laws of this state, entered into two contracts with the plaintiffs, dated respectively February 25, 1864, and October 25,1869, for the sale and delivery of ice during a period of several years at a stipulated price. Two thousand tons were to be delivered under each contract in the year 1870, the ice to be delivered daily (Sundays excepted) from defendant’s depots in the city of Hew York, and to be sold by plaintiffs, in their retail business, at such price or prices as the defendant might, and which it subsequently did, establish for that year.…
1Opinion of the CourtLarremore, J.
— The questions presented by this appeal may be considered in the following order:
1. The construction of the contracts of February 25, 1864, and October 25, 1869, and the alleged breach thereof by the defendant.
2. The validity and effect of the agreements of May 25, 1870, as a defeasance or modification of said prior contracts.
3. The measure of damages resulting from said alleged breach.
The true interpretation of these contracts- must be sought in the intention of the parties as expressed therein, without violating the rules of law or language.
The defendant agreed to sell, and the plaintiffs…
2Cases cited52 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Beebe v. JohnsonNew York Supreme Court · 1838
- Cotheal v. . TalmageNew York Court of Appeals · 1854
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3Cited by1 opinion
- Hasbrouck v. Van WinkleAppellate Division of the Supreme Court of the State of New York · 1941