Pollen v. . Le Roy
New York Court of Appeals
Appeal from a judgment of the Superior Court of the city of New York. The action was to recover damages for the non-performance of a contract of sale of certain lead, Brought by the plaintiffs, as vendors, against the defendants, as vendees.
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Appeal from a judgment of the Superior Court of the city of New York. The action was to recover damages for the non-performance of a contract of sale of certain lead, Brought by the plaintiffs, as vendors, against the defendants, as vendees. The complaint alleged a sale of “one hundred and fifty tons of best English lead, of Walker, Parker & Walker, brand, to arrive by ship Providence from Newcastle,” a notice and a request to the defendants to receive the lead, and their refusal to do so. That upon such refusal the plaintiffs gave notice to the defendants that they would require them to…
1Opinion of the CourtEmott, J.
The lead which was the subject of the sale by the plaintiffs to the defendants, arrived at New York, on the 6th of July, 1853. On that day the plaintiffs notified the defendants of its arrival, and requested them to receive and remove it. On the same day, the defendants objected to the lead, and declined to consider it theirs, or at their risk. On the 7th, the plaintiffs again notified the defendants that lead was discharging from the vessel, which they claimed to be such as the contract of sale called for, and offered it to the defendants. In answer to this, the defendants verbally declined…
2Cases cited2 opinions
- Bement v. SmithNew York Supreme Court · 1836
- McEachron v. RandlesNew York Supreme Court · 1861
3Cited by64 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- Marston v. . GouldNew York Court of Appeals · 1877
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Hunter v. . WetsellNew York Court of Appeals · 1881
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