Curtiss v. . Howell
New York Court of Appeals
This action was bronglit by the Plaintiff to recover damages for the alleged breach by the Defendant of a contract in writing, dated April 20th, 1854, by which, as modified by another written agreement, dated February 10th, 1855, the Plaintiff agreed to sell and deliver to the Defendant one thousand tons of ground bark per year, well packed in sacks furnished by the Defendant, to be delivered in Newark, New Jersey, at the price of twelve dollars and fifty cents per ton,…
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This action was bronglit by the Plaintiff to recover damages for the alleged breach by the Defendant of a contract in writing, dated April 20th, 1854, by which, as modified by another written agreement, dated February 10th, 1855, the Plaintiff agreed to sell and deliver to the Defendant one thousand tons of ground bark per year, well packed in sacks furnished by the Defendant, to be delivered in Newark, New Jersey, at the price of twelve dollars and fifty cents per ton, payable by the Defendant whenever twenty tons were delivered; the term of five years to commence upon the first day of…
1Opinion of the CourtGrover, J.
The. Judge upon trial held that by the true construction of the contract the Plaintiff had the entire year to deliver the thousand tons of bark required to be delivered per year, during five years.
In this I think he was correct. The undertaking of the Plaintiff was to “ deliver one thousand tons of ground bark per year, for the term of five years, to commence on the first day of September next.”
Ha<l this undertaking been to pay a thousand dollars per year, for the term of five years, no one would have questioned the right of the promisor to the whole year in which to make the payment. The…
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