Taylor v. . Saxe
New York Court of Appeals
Appeal from so much of a judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made July 18, 1890, which modified a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts; so far as material, are stated in the opinion.
1Opinion of the CourtBrown, J.
The facts of this case, so far as they are material to the questions presented on this appeal, are as follows : The defendants being partners, agreed to sell to the plaintiff a boat load of lumber then in Canada, of a specified size and quality, to be delivered upon the dock of the plaintiff at Poughkeepsie at an agreed price.
Upon inspection of the lumber after its arrival at his dock plaintiff refused to accept it, on the ground that it was not of the quality represented. The defendants, upon notification of such refusal, sent their agent to examine the lumber, who also pronounced it…
2Cases cited2 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Studer v. . BleisteinNew York Court of Appeals · 1889
3Cited by9 opinions
- For Children, Inc. v. Graphics International, Inc.District Court, S.D. New York · 1972
- Gotham Nat. Bank of New York v. Sharood Co.Court of Appeals for the Second Circuit · 1928
- Tompkins v. LambAppellate Division of the Supreme Court of the State of New York · 1907
- Hudson Rug Refinishing & Cleaning Corp. v. Prime Mfg. Co.Court of Appeals for the Seventh Circuit · 1940
- Hurley Gasoline Co. v. Johnson Oil Ref. Co.Supreme Court of Oklahoma · 1926
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