Riendeau v. Bullock
New York Supreme Court
Appeal from judgment on report of referee. Action by Homedas B. Biendeau against Boselle Bullock and others to recover damages for breach of contract. From a judgment for plaintiff entered on report of a referee, defendants appeal. Beversed.
1Opinion of the CourtPutnam, J.
By the agreement between the parties, as extended, plaintiff contracted to sell' the ice contained in his two ice houses to defendant; the latter agreeing to take the same during the month of August, 1890, and to pay therefor $3.25 per ton. Although the words “hereby sell” are used in the writing between the parties, the agreement, I think, did not 'pass the title to the ice, but constituted an executory contract of sale. Before the title could pass, the ice had to be delivered to defendants on their canal boats, and weighed. The contract also contained a covenant that all ice put on…
2Cases cited8 opinions
- Ward v. ShawNew York Supreme Court · 1831
- Stephens v. . SanteeNew York Court of Appeals · 1872
- Anderson v. . ReadNew York Court of Appeals · 1887
- Joyce v. . AdamsNew York Court of Appeals · 1853
- Monroe v. ReynoldsNew York Supreme Court · 1867
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