Osborn v. Gantz
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiffs entered upon a verdict. This was an action to recover possession of personal property.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiffs entered upon a verdict. This was an action to recover possession of personal property. The evidence was substantially as follows: On the 1st day of October, lSYS, the parties entered into a contract by which plaintiffs contracted to sell and defendants to purchase An implied warranty existed without reference to the broker’s note, and might have been proved and enforced even if no broker’s note had been made. (Hill. on Sales [2d ed.], 270, 272; Benj. on Sales [2d…
1Opinion of the CourtAllen, J.
The contract between the parties belongs to that class of contracts usually denominated conditional sales. It was in fact an executory contract of sale to be completed *542by the performance of simultaneous or concurrent acts by the seller and buyer. The sale to the defendants was upon condition that they should, upon the delivery of the cream tartar, deliver to the plaintiffs their note for the purchase-price, payable in gold at ninety days. Bo property could pass to the defendants until this condition was fulfilled, although the merchandise may have been actually delivered into their…
2Cases cited3 opinions
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- Hammett v. . LinnemanNew York Court of Appeals · 1872
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by38 opinions
- People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
- Beasley v. RidoutCourt of Appeals of Maryland · 1902
- Andrews v. StateTennessee Supreme Court · 1871
- Painter v. MattfeldtCourt of Appeals of Maryland · 1913
- People ex rel. Trombley v. HumphreyMichigan Supreme Court · 1871
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