Murphy v. Winchester
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the price of some marble mantels, tiling, &c. sold and delivered by the plaintiffs. The point in controversy was, to whom they were sold and delivered; whether to the defendant or to one Warren Beman. The defendant owned a house in Fifth avenue, Hew York, which was unfinished. Among other things it wanted mantels, marble tiling, and other marble goods.
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the price of some marble mantels, tiling, &c. sold and delivered by the plaintiffs. The point in controversy was, to whom they were sold and delivered; whether to the defendant or to one Warren Beman. The defendant owned a house in Fifth avenue, Hew York, which was unfinished. Among other things it wanted mantels, marble tiling, and other marble goods. His friend Mr. Burton owned a house on Thirty-seventh street, for which mantels, tiling, &c. were being made by the plaintiffs. The defendant wished…
1Opinion of the Court
By the Court, Mullin, J.
To entitle the plaintiffs to recover in this case against the defendant, they must prove a contract, express or implied, between them and the defendant, by which the one party agreed to purchase and the other to sell the mantels which are the subject matter of this suit, and that they have been delivered in accordance with the contract. The plaintiffs do not rely on an implied agreement. They undertook to prove before the referee an express contract, and the prominent question for us, on the appeal, is whether such a contract is proved.
*618In examining this question, it is…
2Cited by1 opinion
- Catlin v. Adirondack Co.New York Supreme Court · 1879