Robertson v. Lynch
New York Supreme Court
THIS was an action of assumpsit, tried at the Oneida 1 ' circuit, in June last. The declaration contained two special counts.
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THIS was an action of assumpsit, tried at the Oneida 1 ' circuit, in June last. The declaration contained two special counts. The first count charged, that the defendant, on the first day of February, 1818, in consideration, that the plaintiff had delivered to him, fifteen bags of wool, of the value of I,oro dollars and 92 cents, to be manufactured into sat-tinets, for a certain reward to be paid to him, promised, that he would cause the said wool to be manufactured into satli-nets for the plaintiff, early in the next spring after the deli-r J r o very of the said wool, oras soon after as the…
1Opinion of the Court
Per Curiam.-
On comparing the special counts with the contract, as proved, we think that the objection as to variance was well founded. The only proof of the terms of the contract is to be found in the letters of the defendant of the 15th of November, and 7th of December, 1817, in which he offers to manufacture the plaintiff’s wool into sattinets, for 63 cents per yard, and to deliver the sattinets to the plaintiff in New-York, early the next spring; and it appears that in consequence of those letters, the plaintiff sent the wool to the defendant in December, 1817; thereby signifying, that be…
2Cited by11 opinions
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- Goodrich v. WestonMassachusetts Supreme Judicial Court · 1869
- Kendall v. StoneThe Superior Court of New York City · 1848
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