Parsons v. . Loucks
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, in the city of New York, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The action is to recover damages for an alleged breach of contract to manufacture and deliver a quantity of paper.
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Appeal from judgment of the General Term of the Superior Court, in the city of New York, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The action is to recover damages for an alleged breach of contract to manufacture and deliver a quantity of paper. The referee to whom this case was referred found, and reported as matter of fact: 1st. That on or about the 30th day of October, 1862, it was agreed between the plaintiffs and the defendants, who then were and still are copartners as paper manufacturers, that the defendants should manufacture and deliver to the…
1Dissent
Gray, C. (dissenting.)
I concede that prior to the decision in Downs ds Skellinger v. Ross (23 Wend., 270), the contract in question would, by an adherence to the rule of construction established in this State, have been held to be a contract for work and labor, not for the sale of goods. As far back as 1820, in Orookshank v. Burrell, a contract to make and deliver the woodwork of a wagon was held to be a contract for work and labor. Spencer, Oh. J., in delivering the opinion of the court, cited Towers v. Osborne (1st Strange, 506), which was for the sale of a chariot, to be made, and held not…
2Cases cited5 opinions
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Sewall v. FitchNew York Supreme Court · 1828
- Courtright v. StewartNew York Supreme Court · 1854
- Donovan v. WillsonNew York Supreme Court · 1857
- Smith v. New York Central RailroadNew York Court of Appeals · 1868