Pope v. . Porter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 19, 1884, modifying, and affirming as modified, a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover damages for an alleged breach on the part of defendants of a contract of purchase and sale of a .quantity of pig iron. The substance of the contract, and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 19, 1884, modifying, and affirming as modified, a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover damages for an alleged breach on the part of defendants of a contract of purchase and sale of a .quantity of pig iron. The substance of the contract, and the material facts are stated in the opinion. The seller of goods, to arrive by sea, must deliver the identical goods described in the contract, and cannot substitute other…
1Opinion of the CourtFinch, J.
The material terms of the contract between the parties, as written in the broker’s memorandum, are as follows : “ Sold to the following named parties Scotch pig iron to arrive as specified below. * * 500 tons of Coltnesspig iron at 36 per ton for shipment, to be due here in April next. 500 tons of Caulder pig iron at 34 per ton for shipment, to be due here in March next. Payable on arrival here by four months’ note, indorsed by the above-named parties, with interest added at 6 per cent.”
A broker often, in the haste of business and in the effort at brevity, will draw ambiguous contracts, and…
2Cases cited1 opinion
- Norrington v. WrightSupreme Court of the United States · 1885
3Cited by29 opinions
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
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