Leavenworth v. Packer
New York Supreme Court
11 HIS is an appeal from a judgment entered upon the . report of a referee. The plaintiff brought the action for breach of contract by the defendants on their agreement to deliver a quantity of coal. The plaintiff is a dealer in coal at Amsterdam, Montgomery county.
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11 HIS is an appeal from a judgment entered upon the . report of a referee. The plaintiff brought the action for breach of contract by the defendants on their agreement to deliver a quantity of coal. The plaintiff is a dealer in coal at Amsterdam, Montgomery county. On the 6th of August, 1862, he received from the-defendants a proposition, as follows: “ We will let you have, at Elizabethport, 100 tons of sugar loaf lump ; 250 tons sugar loaf egg; 100 tons sugar loaf stone, at $5.25 per ton, on board, and will take up the boats for the same, as far as in our power, or load any you may send.…
1Opinion of the Court
By the Court, Potter, J.
It is very clear, from the evidence, as well as by the finding of the referee, that there was a contract between the parties; and that by its terms the defendants were to send to the plaintiff 450 tons of the coal, specified, at the sum of $5.50 per ton, in the season of navigation, after August 6, 1862. It is also clear that the defendants broke their said agreement, in that they forwarded but 266J tons; and that 165J tons of. the coal forwarded was inferior in quality to that, which by the terms of the contract, they were bound to furnish. The only remaining question…
2Cases cited2 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Messenger v. . City of BuffaloNew York Court of Appeals · 1860
3Cited by12 opinions
- Colton Land & Water Co. v. RaynorCalifornia Supreme Court · 1881
- Merritt v. GouleyNew York Supreme Court · 1890
- Heckman v. SwartzWisconsin Supreme Court · 1882
- Geenia v. KeahNew York Supreme Court · 1873
- Charlotte, Columbia & Augusta R.R Co. v. JesupThe Superior Court of New York City · 1871
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