Hurd v. . Gill
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court of'the second judicial district for the defendant, the plaintiff having been nonsuited at the Circuit, and the exceptions having been ordered to be heard in the first instance at the General Term. This was an action on an alleged breach of contract.
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Appeal from a judgment of the General Term of the Supreme Court of'the second judicial district for the defendant, the plaintiff having been nonsuited at the Circuit, and the exceptions having been ordered to be heard in the first instance at the General Term. This was an action on an alleged breach of contract. By the terms of the contract, the defendant agreed to allow the plaintiff to dig molding sand on his premises in places to be designated by him (the defendant), at the rate of twenty-five cents per ton. It was further stated to be “ understood that the digging shall commence in the…
1Opinion of the CourtAndrews, J.
It was assumed by the court on the trial, that the defendant was bound by the contract proved. Ho question as to the consideration was made. The plaintiff was nonsuited on the ground, that the defendant had performed the contract, when he had designated one place on his farm from which molding sand might be taken by the plaintiff, and that he was not bound to designate another, when the supply at the place first designated became exhausted. It had been shown- by the plaintiff that in June, 1867, the supply of sand failed at the place designated, and that although it could have been procured…
2Cited by7 opinions
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Rafolovitz v. American Tobacco Co.New York Supreme Court · 1893
- East v. Cayuga Lake Ice LineNew York Supreme Court · 1893
- Rafolovitz v. American Tobacco Co.New York Supreme Court · 1893
- Automatic Vending Co. v. HeinsAppellate Terms of the Supreme Court of New York · 1902
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