Mee v. . McNider
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order made January Y, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. (Reported below,- 39 Hun, 145.) This action was brought to recover damages for the breach of a contract of purchase of a quantity of cocoa.
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Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order made January Y, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. (Reported below,- 39 Hun, 145.) This action was brought to recover damages for the breach of a contract of purchase of a quantity of cocoa. Upon defendant’s refusal to receive and pay for the goods they were sold on his account, and the difference between the purchase-price and the net proceeds of sale plaintiff sought to recover. The material facts are stated…
1Opinion of the CourtDanforth, J.
The agreement between the parties was in these words : -
“ Hew York, Jamua/ry 3, 1882.
“ Sold for account of Mee, Billings & Co., London, to-James McUider, five hundred (500) bags prime fermented Bahia cocoa, at 59 s. per cwt., C. F. & L, by steamer to H. Y.,, buyers to furnish cable credit or pay bankers’ commission.
“ARTHUR R. EYTE,
“ Broker.”
Plaintiffs proved that 500 bags of cocoa of the quality and description specified were shipped on hoard a steamer which,, on arrival at Hew York, defendant refused to receive and pay for, because a portion had been wet and damaged on the voyage.
The answer…
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