Archer v. McDonald
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon, the trial of this action by the court without a jury. By contract dated March 17, 1873, it was agreed that the plaintiff Archer would receive from defendants’ company on storage in his stores from fifteen to thirty thousand barrels of lime, to be delivered on the plaintiff’s dock after October fifteenth in each year, and to be taken away from said dock on or before the first of May following; plaintiff agreeing…
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Appeal from a judgment in favor of the plaintiff, entered upon, the trial of this action by the court without a jury. By contract dated March 17, 1873, it was agreed that the plaintiff Archer would receive from defendants’ company on storage in his stores from fifteen to thirty thousand barrels of lime, to be delivered on the plaintiff’s dock after October fifteenth in each year, and to be taken away from said dock on or before the first of May following; plaintiff agreeing to receive the lime on the dock, take it in trucks therefrom, and safely pile and tier it in said warehouse belonging to…
1Opinion of the Court
Barnard, P. J. :
The case does not show any facts upon which it is proper to-mitigate the rule that a contract entire in its nature must be fully performed before any claim can be made under it. The plaintiff agreed to store the defendant’s lime at a specified price per barrel, which price was to include cartage to and from the dock on the-warehouse property. The delivery and removal was to be made between the fifteenth of October and the first of the following May, during the time covered by the contract. The lime was received in store, and the storehouse burned down in January with all the…
2Cases cited3 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- New York Central & Hudson River Railroad v. Standard Oil Co.New York Court of Appeals · 1882