Dunham v. . Mann
New York Court of Appeals
This was an action brought in the court of common pleas of the city of New York, upon a contract made between the plaintiffs and the defendants in the following form-. “ Sold to Messrs. Pettee & Mann, for account of Messrs.
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This was an action brought in the court of common pleas of the city of New York, upon a contract made between the plaintiffs and the defendants in the following form-. “ Sold to Messrs. Pettee & Mann, for account of Messrs. Dunham & Dimon, 155. tons (or thereabout) of English bar iron, as per specification of the same, now in public store in this city, at fifty dollars per ton, as per custom-house weigher’s return, equal tó six months credit; but payment for said iron is to be made as follows, to wit: 750 dollars to be paid now, and the balance is to ,be paid within sixty days from this date,…
1Opinion of the Court
Ruggles, Ch. J.
Under the contract of sale, the delivery of the iron and the payment of the money, were things to be done at one and the same time. The plaintiffs were not bound to deliver the iron, unless the defendants at the same time paid the money; and the defendants were not bound to pay the price unless the plaintiffs at the same time delivered the thing sold, or was ready to deliver it. . The obligations to deliver on the one part and to pay on the other, were mutual and dependant. If the buyer in a case of this sort fails to pay or offer to pay within the time specified for mutual…
2Cases cited1 opinion
- Porter v. RoseNew York Supreme Court · 1815
3Cited by28 opinions
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Smith v. McCluskeyNew York Supreme Court · 1866
- Delaware Trust Co. v. . CalmNew York Court of Appeals · 1909
- Davis v. JeffrisSouth Dakota Supreme Court · 1894
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