Baker v. Woodruff
New York Supreme Court
This was an action of assumpsit, tried at the circuit irk the county of Onondaga, in December, 1846, before the Hon. Bowen Whiting, late one of the circuit judges.
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This was an action of assumpsit, tried at the circuit irk the county of Onondaga, in December, 1846, before the Hon. Bowen Whiting, late one of the circuit judges. On the trial, the plaintiffs gave in evidence a written agreement between them and the defendant, in the words and figures following: u I agree to take all the wheat that Norton, Baker & Hall have at the store house of S. H. Cook, in Camillus, and also all the wheat they have at the store house of E. Shead, in Bellisle, and give them one barrel of first rate superfine fioul-, at my mill in Salina, for every four bushels and…
1Opinion of the Court
By the Court, Welles, J.
The contract under which the wheat in question was received by the defendant, was clearly one of sale, and not of bailment. Upon the delivery of the wheat by the plaintiffs, it became the property of the defendant, and he thereupon became hable to the plaintiffs to pay for it in flour, according to the terms of the contract; and it was entirely immaterial whether the flour should be made of the wheat delivered by the plaintiffs, or out of other wheat. The destruction of the property after it was' ‘delivered, by the burning of the mill and contents, was the defendant’s…
2Cases cited3 opinions
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- Seymour v. BrownNew York Supreme Court · 1821
- Slaughter v. GreenSupreme Court of Virginia · 1821
3Cited by1 opinion
- Clark v. United StatesUnited States Court of Claims · 1865