Paige v. Ott
New York Supreme Court
Motion to set aside the report of referees. The action was debt on a sealed agreement, dated December 23d, 1840, by which the plaintiff agreed to deliver to the defendant, by the first day of July then next, at certain places specified, certain timber and plank, at certain prices per foot, payable when the whole should be delivered and accepted. One count averred the delivery of the lumber according to the contract, and that the price had not been paid.
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Motion to set aside the report of referees. The action was debt on a sealed agreement, dated December 23d, 1840, by which the plaintiff agreed to deliver to the defendant, by the first day of July then next, at certain places specified, certain timber and plank, at certain prices per foot, payable when the whole should be delivered and accepted. One count averred the delivery of the lumber according to the contract, and that the price had not been paid. Another count averred a partial delivery of the lumber within the time specified, and stated that after that time it was agreed between the…
1Opinion of the Court
By the Court, Whittlesey, J.
The plaintiff agreed to furnish and deliver to the defendant certain descriptions of lumber, at specified prices, to be delivered on or before a certain day, and payment was to be made when it was all delivered and accepted. He had delivered a considerable portion of the lumber before the day fixed for the delivery by the contract ; but as he had not delivered it all by that day, it is clear that he could not under the contract recover even for what he had delivered, as the contract is an entire thing, and the delivery of the whole of the lumber by the day was a…
2Cases cited6 opinions
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- M'Millan v. VanderlipNew York Supreme Court · 1815
- Sickels v. PattisonNew York Supreme Court · 1835
- Mead v. DegolyerNew York Supreme Court · 1837
- Champlin v. RowleyNew York Supreme Court · 1835
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3Cited by15 opinions
- Oakley v. . MortonNew York Court of Appeals · 1854
- Avery v. . WillsonNew York Court of Appeals · 1880
- United States ex rel. Hudson River Stone Supply Co. v. MolloyCourt of Appeals for the Second Circuit · 1906
- Bersch v. SanderSupreme Court of Missouri · 1865
- Matthews v. HobbyNew York Supreme Court · 1866
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