Shields v. . Pettie
New York Court of Appeals
Appeal from the superior court of the city of Hew-York, where the action was assumpsit to recover the price of a quantity of pig iron. The declaration was upon a special contract of sale, and contained also general counts for goods sold at a fixed price and at a quantum valebant. On the trial before Oakley, C. J. it was proved that a contract was negotiated between the parties by Thos.
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Appeal from the superior court of the city of Hew-York, where the action was assumpsit to recover the price of a quantity of pig iron. The declaration was upon a special contract of sale, and contained also general counts for goods sold at a fixed price and at a quantum valebant. On the trial before Oakley, C. J. it was proved that a contract was negotiated between the parties by Thos. Ingham, a broker, and was concluded in these words:— “ Hew York, July, 19, ’47.—Sold for Messrs. Geo. W. Shields & Go., to Messrs. Pettie & Mann, 150 tons Gartshemi pig iron, Ho. 1, at $29 per ton, one half at…
1Opinion of the Court
Hurlbut J.
In my judgment the contract was not a sale but an agreement to sell, which was not executed, and which could only be required to be executed upon the arrival of the ship with the iron on board. The arrival of the vessel without the iron would have put an end to the contract, which was conditional, as a sale to arrive. The vessel was at sea at the time ; this was known to both parties, and neither could be certain either of her arrival or of her bringing the iron. If a part only had arrived, the plaintiffs would not have been bound to deliver nor the defendants to accept it. There…
2Cases cited1 opinion
- Russell v. NicollNew York Supreme Court · 1829
3Cited by4 opinions
- A. M. Webb & Co. v. Robert P. Miller Co.Court of Appeals for the Third Circuit · 1946
- J. A. Kirsch & Co. v. BenyunesNew York Supreme Court · 1919
- Cohen v. CerameAppellate Division of the Supreme Court of the State of New York · 1949
- Husted v. CraigNew York Court of Appeals · 1867