Sims v. Sims
New York Supreme Court
This is an appeal from a judgment in favor of tlie plaintiff, entered on a verdict rendered at tlie Erie Circuit in December, 1874, and also from an order of tbe Erie Special Term denying tbe defendant’s motion for a new trial upon a case containing exceptions, and from an order of the Erie Special Term vacating an order granting a new trial herein on the ground of surprise.
1Opinion of the Court
Smith, J.:
The action was brought upon a contract made by the parties at Buffalo, in December, 1868, by which the defendant undertook and agreed to convey and deliver to the plaintiff a tug, called the “ William Allen,” a dredge known as the “ Milwaukee Dredge,” her two or three scows, and the tackle, tools, furniture, etc., belonging to them all, on or before the opening of navigation on Lake Erie in the spring of 1869. It was proved at the trial, that "on the 12th of March, 1869, at Buffalo, the plaintiff received from the defendant a bill of sale of'the property included in the contract,…
2Cases cited1 opinion
- Gardner v. BartholomewNew York Supreme Court · 1863