O'Neill v. . James
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court, in the first district, affirming judgment for the plaintiff for §1,169.22 upon a trial at circuit. The action was for the recovery of damages for an alleged breach of contract, in not delivering a balance of 2,231 barrels of cement, claimed in the complaint to have been due to the plaintiff.
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Appeal from a judgment of the late General Term of the Supreme Court, in the first district, affirming judgment for the plaintiff for §1,169.22 upon a trial at circuit. The action was for the recovery of damages for an alleged breach of contract, in not delivering a balance of 2,231 barrels of cement, claimed in the complaint to have been due to the plaintiff. The defendant was a manufacturer of cement, on the creek, at Rondout, in Ulster county, which he brought to the city of New York, on orders or for deliveries on sales, by boat, a barge or canal boat, making trips to the city about once…
1Opinion of the CourtRapallo, J.
The memorandum signed by the defendant under date of July 24, 1865, whereby he extended to the plaintiff the privilege of taking 5,000 barrels of cement in addition to the 5,000 agreed upon theretofore, and upon the same terms and conditions, was in substance an offer on the part of the defendant to sell to the plaintiff the additional 5,000 barrels on the same terms and conditions as those upon which the first lot was sold, thus giving the plaintiff the option to increase his purchase to 1.0,000 barrels.
The defendant’s letter of September 9, 1865, in which he says to the plaintiff: “You may…
2Cases cited1 opinion
- Winchell v. . HicksNew York Court of Appeals · 1859
3Cited by20 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Umsted ex rel. Umsted v. Colgate Farmers Elevator Co.North Dakota Supreme Court · 1909
- Charles H. Brown Paint Co. v. ReinhardtNew York Court of Appeals · 1914
- Trimble v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- Dannefer v. AurandSupreme Court of Kansas · 1920
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