Evans v. Harris
New York Supreme Court
THIS ivas an appeal from a judgment rendered at a special term, after a trial at the Warren county circuit before Justice Willard, without a jury. No proof was given by -either party.
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THIS ivas an appeal from a judgment rendered at a special term, after a trial at the Warren county circuit before Justice Willard, without a jury. No proof was given by -either party. The complaint alleged that the plaintiffs, being copartners, on or about the 24th of November, 1851, at Minerva-, in the county of Essex, sold and subsequently delivered to the defendants (who were at that time copartners also,) a large quantity of logs, at the prices below specified, viz. 800, 86-361 spruce logs at the price of sixty dollars per hundred, and 2951 116-361 hemlock logs for the price of forty…
1Opinion of the Court
By the Court,
Hand, P. J.
The defendants insist that the delivery of the logs on Ferris’ bank was a condition precedent to the last payment. Ho evidence whatever was given in the cause, and we cannot ascertain the location of “ Ferris’ bank,” unless that can be done from the five letters embodying the contract. Of these the three from the plaintiffs were dated at Minerva; the two from the defendants, at Glens Falls. And it appears from them that the logs, at the time of the correspondence, were in Minerva, and that Ferris’ bank was near Pottersville. From some expression used, it is probable…
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