Bryant v. Turner
Appellate Division of the Supreme Court of the State of New York
-Appeal by the plaintiff, Edwin R. Bryant, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Franklin on the 29th day of December, 1903, upon the report of a referee.
1Opinion of the Court
Cochrane, J. :
On August 20, 1897, the parties hereto made a written contract whereby the plaintiff agreed to saw and load upon cars the spruce and pine timber which was to be taken by the defendant from lands mentioned in said contract to a mill then in the possession of plaintiff, for which services plaintiff was to be paid by the defendant two dollars per 1,000 feet of lumber. By said contract the plaintiff guaranteed that there were 6,000,000 feet of said spruce and pine on said land in merchantable logs for lumber from logs not less than eight inches at the top end and that he would make…
2Cases cited4 opinions
- Ewing v. . WightmanNew York Court of Appeals · 1901
- Moore v. Mutual Reserve Fund Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1907
- Sayre v. . StateNew York Court of Appeals · 1890
- Bryant v. TurnerAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Kelley Lumber Co. v. Otselic Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Bryant v. TurnerAppellate Division of the Supreme Court of the State of New York · 1908