Delaware, Lackawanna & Western Railroad v. Bowns
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, reversing a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 4 Jones & Spencer, 126.) This action was brought to recover a balance alleged to be due for a quantity of coal sold and delivered by plaintiff to defendant.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, reversing a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 4 Jones & Spencer, 126.) This action was brought to recover a balance alleged to be due for a quantity of coal sold and delivered by plaintiff to defendant. The answer set up as a counter-claim, in substance, that plaintiff contracted to sell and deliver a specified quantity, only a portion of which it delivered, and claimed damages for the nón-delivery of the residue. Defendants purchased the quantity of coal…
1Opinion of the CourtAllen, J.
The Superior Court of New York, in reversing the judgment of the referee, gave effect to the clause in the conditions of sale, making a part of the agreement between the parties, that “ every effort will be made by the company (the plaintiffs) for the fulfillment of its contracts for the delivery of coal,” unauthorized by any just or reasonable interpretation of the contract. They disregarded not only the qualification of the clause immediately following it, and making a part of the same paragraph, but also the evident purpose and intent of the clause itself, which, without limitation or…
2Cases cited1 opinion
- Harmony v. . BinghamNew York Court of Appeals · 1854
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