Stone v. Frost
New York Supreme Court
1st February, 1866, the plaintiff and Cyrus E. Herrick each and at the same time purchased of the defendant 500 Catawba grape roots for thirty dollars, to be delivered at Penn Yan depot the next spring, payable on delivery. The roots were delivered and paid for both at the same time and place, about the 16th of April following. In each case the contracts were made by one Jones, as the agent of the defendant. Jones delivered the roots and received the pay for them.
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1st February, 1866, the plaintiff and Cyrus E. Herrick each and at the same time purchased of the defendant 500 Catawba grape roots for thirty dollars, to be delivered at Penn Yan depot the next spring, payable on delivery. The roots were delivered and paid for both at the same time and place, about the 16th of April following. In each case the contracts were made by one Jones, as the agent of the defendant. Jones delivered the roots and received the pay for them. At the time of delivery they were tied up in small bundles of fifty each ; the small bundles were tied up in one large bundle,…
1Opinion of the Court
By the Court—Johnson, J.
This is an appeal from an order at Special Term denying defendant’s motion for a new trial *443on a case and exceptions. The action was to recover back money paid by the plaintiff, on a contract between him and the defendant, on the ground that the same was rescinded. The first point made by the defendant’s counsel is that the court erred in allowing the plaintiff to prove the declarations and directions given by the defendant’s agent at the time the roots were delivered upon the contract.
Jones was the defendant’s agent, who made the contract for the sale and delivery of…
2Cases cited2 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Mandeville v. GuernseyNew York Supreme Court · 1865
3Cited by6 opinions
- Newman v. ErnstSuperior Court of Buffalo · 1890
- Beier v. SpauldingNew York Supreme Court · 1895
- Brown v. Warwick, New York County Courts1913
- Gilbert v. AltonAppellate Division of the Supreme Court of the State of New York · 1903
- Gilbert v. AltonAppellate Division of the Supreme Court of the State of New York · 1903
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