Jones v. National Printing Co.
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury rendered by direction of the court and an order denying a motion for a new trial. The action was brought to recover a sum claimed as the balance remaining unpaid of the price of paper sold and delivered by plaintiffs to defendants.
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Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury rendered by direction of the court and an order denying a motion for a new trial. The action was brought to recover a sum claimed as the balance remaining unpaid of the price of paper sold and delivered by plaintiffs to defendants. The defendants, in their answer, pleaded an agreement for the purchase of the paper, by the terms of which plaintiffs contracted to deliver four hundred reams of said paper on or before December 1st, 1882, and for a failure…
1Opinion of the Court
Charles P. Daly, Chief Justice.
This judgment cannot be sustained. When the contract was made, the broker told the plaintiffs that they could not get the order, unless they would guarantee to have the paper on or before the 1st of December, as the defendants then would be “ out of what they were running on, and their presses would be left idle.” The plaintiffs, consequently, when they agreed to furnish the paper by the 1st of December, were advised of' what the effect would be if they failed to do so, and which was what took place; so that, within the rule relied upon by the court below for…
2Cases cited2 opinions
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Duckworth v. RoachNew York Court of Common Pleas · 1878