Bigler v. . Hall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the sixth judicial district, entered upon an order directing judgment on a verdict" in favor of the plaintiff, and denying a motion for a new trial. This action was brought to recover damages for the nondelivery of all the logs specified in the following contract: “ Deposit, FT. Y., April 30, 1864. “ Contract between JohnLuscomb and Joseph M. Hall, of the first party, and Simon Bigler, of the second party.
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Appeal from judgment of the General Term of the Supreme Court, in the sixth judicial district, entered upon an order directing judgment on a verdict" in favor of the plaintiff, and denying a motion for a new trial. This action was brought to recover damages for the nondelivery of all the logs specified in the following contract: “ Deposit, FT. Y., April 30, 1864. “ Contract between JohnLuscomb and Joseph M. Hall, of the first party, and Simon Bigler, of the second party. “ Said Luscomb and Hall do agree to deliver, in the Susquehanna river, at Binghamton, in rafts, from 150 to 200,000 feet of…
1Opinion of the Court
Lott, Ch. J.
The defendants, by the express terms of the contract, for the breach of which this action was brought, did “agree to deliver, in the Susquehanna river at Binghamton, in rafts, from one hundred and fifty to two hundred thousand feet of pine logs, above the Pratt & Tyler saw-mill.” The logs were designated as comprised of two lots, lying in specified localities, all of which (except fifty of the poorest, in one lot, and which might be thrown out and not rafted) were to be delivered as above stated. The quantity was to be ascertained by Mr. S. R. Carpenter’s measurement of the logs,…
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