Stephens v. Beard
New York Supreme Court
This was an action of assumpsit, tried at the Chenango circuit in December, 1828, before the Hon. Samuel Nelson, one of the circuit judges. The defendant contracted, on the 1st June, 1827, to saw sucha quantity of logs for the plaintiff by the 1st April then next as would make 300,000 feet of boards, for which the plaintiff agreed to pay $2 per 1000 feet; the logs to be furnished by the plaintiff.
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This was an action of assumpsit, tried at the Chenango circuit in December, 1828, before the Hon. Samuel Nelson, one of the circuit judges. The defendant contracted, on the 1st June, 1827, to saw sucha quantity of logs for the plaintiff by the 1st April then next as would make 300,000 feet of boards, for which the plaintiff agreed to pay $2 per 1000 feet; the logs to be furnished by the plaintiff. By the 1st December, 1827, the defendant had sawed 144,000 feet, which were accepted by the plaintiff; but the defendant then refused to saw any more for the plaintiff, although a sufficient…
1Opinion of the Court
By the Court,
Sutherland, J.
If the defendant was entitled to an allowance in this action, by way of off set or otherwise, for sawing the 144,000 feet of boards, which were actually delivered to the plaintiff, in part performance of this contract, then the verdict is against evidence as to the quantum of damages.
The contract of the defendant was entire to saw 300,000 feet of boards for the plaintiff before the first of April, 1828, at $2 per thousand feet. It is admitted that the plaintiff did every thing which it was incumbent upon him to do to enable the defendant to perform, -and that the…
2Cited by8 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Taylor v. ReadNew York Court of Chancery · 1834
- Beveridge v. West Side Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Paige v. OttNew York Supreme Court · 1848
- Friedland v. Argentor Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1925
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