Allen v. Todd
New York Supreme Court
This was an appeal from a judgment of the County Court of Monroe county reversing a judgment of a justice of the peace. The facts are stated in the opinion.
1Opinion of the CourtMullih, P. J.
The defendant was engaged in the business of raising fruit trees for sale near the city of Rochester. The plaintiff was a farmer living in the town of Clarkson, and wanted a species of apple trees to plant on his farm known as. twenty-ounce apple trees. He called on the defendant in the spring of 1864 and asked him if he had such trees. Defendant told him he had them growing in his nursery. Defendant sent his man to a place designated by him to procure the trees. The plaintiff wanted 100, and the men dug them up and delivered them to the plaintiff who took them home and planted them on his…
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- P. H. Sheehy Co. v. Eastern Importing & Mfg. Co.Court of Appeals for the D.C. Circuit · 1915
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