Avery v. . Willson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to recover for a quantity of glass alleged to have been sold and delivered by plaintiffs to defendants.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to recover for a quantity of glass alleged to have been sold and delivered by plaintiffs to defendants. Defendant's set up as * a defense that the glass delivered was part of a quantity contracted for, that delivery of the whole was a condition precedent to any liability for the purchase-price, and that plaintiffs declined and refused to deliver the residue. The facts appear sufficiently in…
1Opinion of the CourtMiller, J.
The plaintiffs made an oral contract with the defendants, by which they agreed to sell to the defendants, at a price named, 699 boxes of glass, which were to be delivered together at one and the same time. They delivered a portion (365 boxes) of the glass, and the referee found that the defendants received and accepted the same, without objecting or intimating to the plaintiffs that it was received and accepted upon any conditions whatever; and without any notice that they would not thereby consent to become liable to pay for the glass so delivered and accepted, unless and until the residue…
2Cases cited8 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- McKnight v. DunlopNew York Supreme Court · 1848
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Mead v. DegolyerNew York Supreme Court · 1837
- Champlin v. RowleyNew York Supreme Court · 1835
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
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- Kelso Co. v. . EllisNew York Court of Appeals · 1918
- Kamco Supply Corp. v. On the Right Track, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Brady v. . CassidyNew York Court of Appeals · 1895
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
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