Fenn v. Dryfoos
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William B. Fenn, from a- judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 1st day of May, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 13th day of Hay, 1901, denying the plaintiff’s motion for. a new trial made upon the minutes.
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Appeal by the plaintiff, William B. Fenn, from a- judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 1st day of May, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 13th day of Hay, 1901, denying the plaintiff’s motion for. a new trial made upon the minutes. The plaintiff was the assignee under a written instrument duly executed of all claims and demands of whatever nature Russell Uhl had against the defendants. The latter agreed with Uhl…
1Opinion of the Court
Hatch, J.:
It is fairly evident that the parties by their contract intended that the skirts should be manufactured in readiness for delivery as Uhl 'should,' from time to time, require in his business; that, as he needed them, the defendant should ship the same upon his order. A fair construction of the contract shows that the parties understood that the skirts or cloth should be shipped upon the order of Uhl in quantities specified therein, and .that- the whole .amount for which the contract provided should be ordered or taken by Uhl on or before the 1st day of September, 1900. It was…
2Cases cited1 opinion
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
3Cited by1 opinion
- Dryfoos v. UhlAppellate Division of the Supreme Court of the State of New York · 1902