Legal Opinion

Andrews v. Richmond

New York Supreme Court

Decided October 15, 1884Published

Appeal from a judgment in the plaintiffs favor, entered upon a verdict rendered at the Ontario Circuit, for the sum of $417.29 and from an order of the Special Term denying a new trial.

1Opinion of the Court

Barker, J.:

The action is to recover the market price of a quantity of wheat. The plaintiff, a farmer, delivered to the defendants, who are millers, 490 bushels of wheat, and they executed and delivered to him at the same time an instrument in writing which reads:

“ Canandaigua, November 14, 1878.
“ Received of Harris Andrews 490 bushels of wheat in store. The same is subject to him or option to take price on or before the first of May next.
“RICHMOND & SMITH.”

Before the first day of May following, the date of the instrument, the plaintiff informed the defendants that he would sell the wheat and…

2Cases cited3 opinions

  1. Ledyard v. HibbardMichigan Supreme Court · 1882
  2. Buffum v. MerryU.S. Circuit Court for the District of Rhode Island · 1824
  3. Phillips v. Columbus City Building Ass'nSupreme Court of Iowa · 1880

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