Thedford v. Herbert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry L. Herbert, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of October, 1906, upon the verdict of a jury, and. also from an order entered in said clerk’s office on the l7th day of October, 1906, denying the defendant’s motion for a new trial made upon the minutes. "
1Opinion of the Court
Ingraham, J.:
This action was brought to recover damages sustained by the breach of a verbal contract alleged to have been made on April 30, 1902, for the sale by the defendant of 9,000 tons of coal, 1,000 tons to be delivered in each month until the 1st of February, 1903, at three dollars and ninety cents per ton. To prove the contract'the "plain- *182- tiff testified that lie first called on the defendant on April 30, 1902, and had a conversation with the defendant’s brother, at which the defendant Avas present;-“I told him that I came down to conclude the contract' for the purchase of coal. *…
2Cited by4 opinions
- Stein-Gray Drug Co. v. H. Michelsen Co.City of New York Municipal Court · 1909
- Hampton Cotton Mills v. HershfeldNew York Supreme Court · 1923
- Thedford v. HerbertAppellate Division of the Supreme Court of the State of New York · 1909
- Thedford v. HerbertAppellate Division of the Supreme Court of the State of New York · 1908