Baltimore Steam Packet Co. v. Garrison
New York Court of Common Pleas
Appeal by defendant from a judgment of this court, entered on the decision of Judge Bobdísoit, after a trial before him without a jury.
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Appeal by defendant from a judgment of this court, entered on the decision of Judge Bobdísoit, after a trial before him without a jury. This action was brought by the plaintiff against the defendant to recover the damages which had been suffered by the plaintiff, by reason of the breach of a covenant of warranty -contained in an agreement entered into by the defendant with the plaintiff, for the sale and delivery by the defendant to the plaintiff of a steamer known as the “ George Leary.” The facts as found by the judge at the trial were as follows: The plaintiff, the Baltimore Steam Packet…
1Opinion of the Court
Charles P. Daly, Chief Justice.
By the agreement, which was in writing, the defendant stipulated that he would deliver the steamer, free and clear of all liens and incumbrances, at the plaintiff’s wharves, in the city of Baltimore, within fifteen days after the ratification of the agreement by the plaintiff. The agreement was ratified on the 13th of August, 1866, whereby the defendant became bound to deliver the steamer at the stipulated place, within the stipulated time, and until he had fulfilled that condition, the agreement was not performed on his part. It in no way affects his obligation…
2Cases cited8 opinions
- Barney v. DeweyNew York Supreme Court · 1816
- Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
- Miner v. ClarkNew York Supreme Court · 1836
- Craig v. WardNew York Supreme Court · 1862
- Bigler v. . HallNew York Court of Appeals · 1873
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