Gardner v. Clark
New York Supreme Court
This was an appeal by the plaintiffs from a judgment entered at a special term. The action was brought to recover damages for the non-delivery of grain upon a written contract executed by one Adison Gardner and the defendant, on the 25th of May, 1846, which was subsequently modified by a parol agreement betwefen those parties.
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This was an appeal by the plaintiffs from a judgment entered at a special term. The action was brought to recover damages for the non-delivery of grain upon a written contract executed by one Adison Gardner and the defendant, on the 25th of May, 1846, which was subsequently modified by a parol agreement betwefen those parties. The written contract was as follows: “Article of agreement made and entered into this twenty-fifth day of May, 1846, by and between Perkins Clark and Adison Gardner; of Lenox, Madison county, as follows: Said Clark sells to said Gardner and his representatives, all the…
1Opinion of the Court
By the Court, Bacon, J.
The action was brought by the plaintiffs to recover damages alleged to have been sustained by the non-delivery of grain, upon a contract entered into in May, 1846, and subsequently modified by parol, as alleged, between Adison Gardner and the defendant. The grain was to be delivered in the fall of 1846 and 1847. The cause of action was assigned by Adison Gardner to Nathan F. Graves, by order of *Judge Nye, in the course of a proceeding instituted against him under the non-imprisonment act of 1831. Graves subsequently Sold and assigned the demand in question to the…
2Cases cited2 opinions
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