Myers v. Trescott
New York Supreme Court
Exceptions from trial term. • Action by Elijah Meyers and J. Harby Moses against Benjamin F. Trescott for breach of a contract for sale of merchandise. A verdict for plaintiffs was directed by the court, and defendant’s exceptions were ordered to be beard in the first instance at general term.
1Opinion of the CourtDaniels, J.
A verdict in the action was directed by the court in favor of the plaintiffs for the sum of $182.54 as damages for the breach of a contract for the sale of what were called “chops.” The article alleged to be sold was dried apples, packed, and understood in the trade as “chops.” On the 22d of January, 1888, the defendant wrote to the plaintiffs:.
“ E. Myers & Co., New York—Gents: Ifyou can use my entire lot of chops at 2 3-4 c., I will let you have them. I" have between 65,000 and 66,000 2 3-4, F. O. B. New York, lighterage free, or one car-load at 2 7-8, N. Y. If you want them, let me know…
2Cases cited5 opinions
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Carr v. DuvalSupreme Court of the United States · 1840
- Orr v. HodgsonSupreme Court of the United States · 1819
- Mayer v. . McCreeryNew York Court of Appeals · 1890
- Corcoran v. WhiteIllinois Supreme Court · 1886
3Cited by3 opinions
- Sidney Glass Works v. A. S. Barnes & Co.New York Supreme Court · 1895
- Corydon Milling Co. v. Noblesville Milling Co.Indiana Court of Appeals · 1919
- Kirwan v. ByrneNew York Court of Common Pleas · 1894