Fancher & Foot v. Goodman
New York Supreme Court
THIS was an appeal by the plaintiffs from a judgment entered upon the report of a referee. The plaintiffs were partners in buying and selling sheep, and on the 19th day of June, 1857, bought of the defendant 48 old sheep at $3.50 per head, and 12 lambs thrown in. The plaintiffs paid $50 down, on the sale, and were to pay $50 on the 22d of said month, and take the sheep away within ten days from the making of the sale, and pay the balance of the purchase money.
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THIS was an appeal by the plaintiffs from a judgment entered upon the report of a referee. The plaintiffs were partners in buying and selling sheep, and on the 19th day of June, 1857, bought of the defendant 48 old sheep at $3.50 per head, and 12 lambs thrown in. The plaintiffs paid $50 down, on the sale, and were to pay $50 on the 22d of said month, and take the sheep away within ten days from the making of the sale, and pay the balance of the purchase money. The plaintiffs did not pay the $50 on the 22d, and did not call for the sheep and offer to pay the purchase money within ten days. On…
1Opinion of the CourtBalcom, J.
“Earnest,” says Kent, (2 Kent’s Com. 4th ed. 494 and 495,) “ is one mode of binding the bargain, and giving *317to the buyer a right to the goods upon payment; and if he does not come in a reasonable time after request, and pay for and take the goods, the contract is dissolved, and the vendor is at liberty to sell the goods to another.” It was held in Niel v. Cheves, (1 Bailey’s S. C. Rep. 537,) that if time atid place for delivery be appointed, and the purchaser does 'nbt attend, or offer to pay, the vendor may rescind the contract, even though he had previously received part of the purchase…
2Cases cited2 opinions
- Raymond v. BearnardNew York Supreme Court · 1815
- De Fonclear v. ShottenkirkNew York Supreme Court · 1808
3Cited by9 opinions
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- Redmond v. SmockIndiana Supreme Court · 1867
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- Levy v. . LoebNew York Court of Appeals · 1882
- Harrington v. EggenNorth Dakota Supreme Court · 1924
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