Andrews v. Richmond
New York Supreme Court
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
- Ledyard v. HibbardMichigan Supreme Court · 1882
- Buffum v. MerryU.S. Circuit Court for the District of Rhode Island · 1824
- Phillips v. Columbus City Building Ass'nSupreme Court of Iowa · 1880