Gaylord Manufacturing Co. v. . Allen
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Kew York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as assignee of the Chicopee Malleable Iron Works, to recover a balance claimed to be due upon sale to Richard L. Allen, defendant’s intestate, of a quantity of malleable iron castings.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of Kew York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as assignee of the Chicopee Malleable Iron Works, to recover a balance claimed to be due upon sale to Richard L. Allen, defendant’s intestate, of a quantity of malleable iron castings. The answer set up as a counter-claim a breach of contract as to time of delivery, and a warranty of quality and breach thereof. The reply denied the warranty, alleged acceptance, and that all delays were…
1Opinion of the CourtAllen, J.
Whether the contract was made before, or on -or after the 7th of January, 1865, is not material; or whether ,it rested partly in parol .and partly in writing, or otherwise, It would seem from the evidence that the principal negotiation was verbal, at a personal interview between the agents of the contracting parties at the works of the plaintiff at Chicopee and at Northampton, the parties visiting the latter place to inspect one of the machines for which castings were wanted, at which interview the referee was authorized to infer from the evidence that the character, description and quality…
2Cases cited2 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- McCormick v. . SarsonNew York Court of Appeals · 1871
3Cited by44 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
39 more not listed; retrieve them via the Exa API.