Weeks v. Binns
New York Supreme Court
Appeal from circuit court, Ónondaga county. Action by Forest G. Weeks against Joseph Binns for breach of contract. From a judgment entered on a decision granting a non-suit, plaintiff appeals. Reversed.
1Opinion of the CourtHardin, P. J.
Plaintiff’s complaint alleges that on or about August 1,1891, at Skaneateles, he “sold, delivered, and returned to defendant one hundred and seven of said carboys, of the value and at the said agreed price of one dollar and fifty cents each, amounting to the sum of $160.50; and that defendant accepted and received the same at NewYork, and paid the freight thereon for plaintiff, but has neglected and refused to pay therefor.” Defendant, in his answer, admits “that on or about August 15, 1891, said plaintiff returned 107 of said carboys to the defendant.” In defendant’s "answer it is alleged…
2Cases cited5 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Routledge v. . Worthington Co.New York Court of Appeals · 1890
- Woodard v. FosterNew York Supreme Court · 1892
3Cited by2 opinions
- Smith v. HildenbrandNew York Court of Common Pleas · 1895
- Austin v. SouthworthNew York Court of Common Pleas · 1895