Flanagan v. Demarest
The Superior Court of New York City
The action was to recover damages for the non-delivery of a quantity of barley. On the 24th of October, 1862, the defendants verbally agreed to sell to the plaintiffs a cargo of Jefferson county barley, of about 9000 bushels, to be delivered before the close of navigation, at White’s malt house, in the city of New York, at $1.30 per bushel, payable on delivery.
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The action was to recover damages for the non-delivery of a quantity of barley. On the 24th of October, 1862, the defendants verbally agreed to sell to the plaintiffs a cargo of Jefferson county barley, of about 9000 bushels, to be delivered before the close of navigation, at White’s malt house, in the city of New York, at $1.30 per bushel, payable on delivery. On the 18th of November, 1862, the defendants notified the plaintiffs of the arrival of a cargo of barley, Mr. Simons, one of the defendants, saying to the plaintiffs, “ the barley, is in.” The plaintiffs sent a measurer to measure the…
1Opinion of the Court
By the Court, Monell, J.
There is no conflict in the evidence as respects the nature of the oral contract for the sale of the barley. All the witnesses agree, that it was a sale of “ a cargo of barley of about nine thousand bushels.” One of the witnesses described it as a “ load” of barley of nine thousand bushels. There is nothing in the case to indicate what was meant or intended by the parties as a “ cargo” or “ load” of barley, but it is proper to presume that the ordinary or usual *181conveyance used for transporting cereals from the western states was intended. Hence evidence was given that…
2Cases cited10 opinions
- McKnight v. DunlopNew York Supreme Court · 1848
- Oakley v. . MortonNew York Court of Appeals · 1854
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Lester v. . JewettNew York Court of Appeals · 1854
- Champlin v. RowleyNew York Supreme Court · 1835
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3Cited by4 opinions
- The CommercenSupreme Court of the United States · 1816
- Gulf Refining Co. v. HartSupreme Court of Louisiana · 1912
- Leonard v. ForbingSupreme Court of Louisiana · 1902
- The CommercenSupreme Court of the United States · 1816