Neaffie v. Hart
New York Supreme Court
Motion, upon a case and exceptions, for a new trial, heard in the first instance at General Term. The action was upon a note given to the plaintiff, by the defendant, as part payment of the amount agreed to be paid for the manufacture and delivery of a steam-boiler, under a contract therefor, at a stipulated price. The case was tried before the court and a jury, and a verdict duly rendered for the plaintiff.
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Motion, upon a case and exceptions, for a new trial, heard in the first instance at General Term. The action was upon a note given to the plaintiff, by the defendant, as part payment of the amount agreed to be paid for the manufacture and delivery of a steam-boiler, under a contract therefor, at a stipulated price. The case was tried before the court and a jury, and a verdict duly rendered for the plaintiff. The defendants took exceptions, which the court ordered to be heard at General Term in the first instance. The contract and material facts are stated in the opinion of the court.
1Opinion of the Court
By the Court
Johnson, J.
This case cannot be distinguished in principle from that of Reed v. Randall (29 N. Y., 358). The action is upon a note given by the defendants for the balance of the purchase-price of a boiler manufactured by the plaintiff for the defendants, upon a contract to make and deliver the same at a future day for a specified price. The contract was in writing, and by it the plaintiff undertook to build the boiler according to a certain tracing or drawing *6accompanying the contract, of the best Pennsylvania charcoal iron, within thirty days of the date thereof, and place it on…
2Cases cited2 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
3Cited by6 opinions
- Day v. . PoolNew York Court of Appeals · 1873
- Day v. PoolNew York Supreme Court · 1872
- Day v. PoolNew York Court of Appeals · 1873
- Krom v. LevyNew York Supreme Court · 1874
- Krom v. LevyNew York Supreme Court · 1874
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