Marvin Safe Co. v. Emanuel
New York Court of Common Pleas
Motion for re-argument or for leave to go to the court of appeals. The action was brought in a X. Y. District court to' recover the contract price agreed to be paid by the defendants for a safe.
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Motion for re-argument or for leave to go to the court of appeals. The action was brought in a X. Y. District court to' recover the contract price agreed to be paid by the defendants for a safe. The allegations of the complaint after allegations in the: usual form, as to plaintiff’s incorporation and the co-partnership of the defendants, were as follows : That heretofore, and on or about the 15th day of December, 1886, at the City of Xew York, the defendants purchased of the plaintiff a safe, and in consideration of the execution and delivery by the defendants to the plaintiff of an agreement…
1Opinion of the CourtDaly, J.
The defendants in their written argument expressly agreed to pay $127.50 for the safe which they ordered to be sent to them, and as the safe was sent and •defendants refused to receive and pay for it, I cannot see ■any objection to the recovery of the price. The fact that it was also stipulated in the same written agreement that the title to the safe should not pass until the whole price was paid, cannot affect plaintiff’s right to recover upon the express agreement to pay, because the latter is an independent -stipulation.
The fact that the price was to be paid in instalments, .$10 down and…
2Cases cited73 opinions
- Heryford v. DavisSupreme Court of the United States · 1880
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Birdsall v. CoolidgeSupreme Court of the United States · 1876
- Herring v. . HoppockNew York Court of Appeals · 1857
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
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3Cited by7 opinions
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- National Cash Register Co. v. DehnMichigan Supreme Court · 1905
- Gray v. BoothAppellate Division of the Supreme Court of the State of New York · 1901
- Edward Thompson Co. v. VacheronNew York Supreme Court · 1910
- National Cash-Register Co. v. ColemanNew York Supreme Court · 1895
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