Legal Opinion

Gourd v. Healy

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1914Published

Appeal by the defendant, Thomas Healy, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 19 th day of March, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of December, 1913, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

This is an action on an executory contract to recover the purchase price of fifty cases of wine, which the plaintiff alleges he sold to the defendant on the 21st day of May, 1906, at the agreed price of $740, which the defendant agreed to pay on the 1st day of March, 1907. It is alleged that the date of payment was by mutual agreement postponed to the 1st day of October, *2901907, on the promise of the defendant to pay interest thereon from the first date fixed for payment. The plaintiff also alleges that he was at all times since the 21st day of May, 1906, ready and willing to…

2Cases cited2 opinions

  1. Gourd v. . HealyNew York Court of Appeals · 1912
  2. Gourd v. HealyAppellate Division of the Supreme Court of the State of New York · 1910

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