Brown v. . Foster
New York Court of Appeals
Appeal from judgment of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 12, 1885, which affirmed a judgment in favor of defendants entered on the report of a referee. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtDanforth, J.
This action is for damages in not delivering to the plaintiff at Olive Hill, Kentucky, an engine, boiler and saw-mill, with the necessary appliances theretofore contracted' to be supplied, set up and put in running order by the defendants. The defendants answered, alleging a due performance of the contract on their part, an acceptance of the machine by the plaintiff after inspection, trial and examination, and sought to recover by way of counter-claims: First, the price of the boiler, engine, etc.; and, second, the price of other goods, wares, etc., sold by them to the plaintiff. The…
2Cases cited1 opinion
- Reed v. . RandallNew York Court of Appeals · 1864
3Cited by56 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Brennan v. National Equitable Investment Co.New York Court of Appeals · 1928
- Fred W. Wolf Co. v. Monarch Refrigerating Co.Illinois Supreme Court · 1911
- L. Albert & Son v. Armstrong Rubber Co.Court of Appeals for the Second Circuit · 1949
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