Sawyer v. . Dean
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 20, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. Defendant had a right to stand upon the terms of the contract, and was not bound unless the condition upon which his obligations depended was fulfilled.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 20, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. Defendant had a right to stand upon the terms of the contract, and was not bound unless the condition upon which his obligations depended was fulfilled. (G. N. Bk. v. Taaks, 101 N. Y. 442, 449.) In every contract between parties where the performance by one of them…
1Opinion of the CourtPotter, J.
The action is brought to recover damages alleged to have been sustained by Eranklin Sawyer, assignor of the plaintiff, in consequence of the neglect and refusal of the defendant to accept and pay for a car load of five hundred hides that he had ordered and purchased of said assignor and directed to be shipped from Chicago, where said Franklin Sawyer resided, and where the hides were, to Owego, in the state of iSfew York, where the defendant had a tannery in which he was conducting, on a more or less extensive scale, the business of tanning hides into leather. The bargain for the hides was…
2Cases cited2 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Hayden v. . DemetsNew York Court of Appeals · 1873
3Cited by12 opinions
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
- North Georgia Milling Co. v. Henderson Elevator Co.Supreme Court of Georgia · 1908
- Ten Broeck Tyre Co. v. Rubber Trading Co.Court of Appeals of Kentucky · 1919
- Glanzer v. J. K. Armsby Co.Appellate Terms of the Supreme Court of New York · 1917
7 more not listed; retrieve them via the Exa API.