Stewart v. . Marvel
New York Court of Appeals
Appeal, from order of the General Term of the Supreme Court, in the second judicial department, made at the September term, 1883, which reversed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to recover damages for an alleged breach of a contract. The contract and the material facts are set forth in the opinion.
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Appeal, from order of the General Term of the Supreme Court, in the second judicial department, made at the September term, 1883, which reversed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to recover damages for an alleged breach of a contract. The contract and the material facts are set forth in the opinion. Where an indefinite time is set for performance of the contract performance must be had within a reasonable time, to be determined by reference to defendant’s capacity and ability to produce, without interfering with the usual and…
1Per curiam
On the 14th day of Aovember, 1879, the defendant made a contract with the plaintiffs for the sale to them of iron, of which the following is a copy:
“Aew York, 14th November, 1879.
“ Stewart & Co., Easton, Penn. :
“ Sold you to-day ten car-loads of (C) blooms, at $55 per ton, 2,240 pounds, delivered on cars at Easton, Penn., say as fast as they may be produced small enough to meet the usual requirements of measure, payable in thirty days from date of bills.
“ WILLIAM D. MARTEL.”
Across the face was written: “Accepted. Stewart & Co.”
At the date of the contract the defendant was engaged in the…
2Cited by6 opinions
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- Young v. Metcalf Land Co.North Dakota Supreme Court · 1909
- Eppens, Smith & Wiemann Co. v. LittlejohnAppellate Division of the Supreme Court of the State of New York · 1898
- Taylor v. Enoch Morgan's Sons' Co.New York Supreme Court · 1888
- Hartman Coal Co. v. William J. Howe Co.City of New York Municipal Court · 1927
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