Thompson v. McLean
New York Supreme Court
Appeal from circuit court, Wyoming county. Action by Charles D. Thompson against Alexander E. McLean, "and others. Judgment was given for plaintiff, and defendants appeal.
1Opinion of the CourtCorbett, J.
In February, 1889, William W. Durfee and the defendant Alexander E. McLean were engaged in buying apples for the defendant, Henry B. Slade, a fruit-dealer in the city of Rochester. On the 27th day of that month, Durfee made a contract, in behalf of the defendant Slade, for the purchase of a quantity of apples. The plaintiff’s contention was that he sold all his apples for $1.25 per barrel. The defendants claim that they bought first quality of apples, only, for that price, and that no price was agreed upon for second-class fruit, which amounted to from 40 to 50 barrels. In March the apples…
2Cases cited2 opinions
- Russell v. NicollNew York Supreme Court · 1829
- Montgomery County Bank v. MarshNew York Supreme Court · 1851
3Cited by2 opinions
- Thompson v. McLaneNew York Supreme Court · 1890
- Thompson v. McLeanNew York Supreme Court · 1891