Bruce v. Pearson
New York Supreme Court
THIS was an action of assumpsit, for goods sold and delivered. The cause was tried at the last sittings in NewTork, before Mr. Justice Van Ness. On the 11th December, 1805, the defendant;, who resides at Albany, wrote a letter to ,the plaintiffs,, who arc merchants in the city of New-Tork, as follows : “ Albany, 11th December, 1805. Gent.
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THIS was an action of assumpsit, for goods sold and delivered. The cause was tried at the last sittings in NewTork, before Mr. Justice Van Ness. On the 11th December, 1805, the defendant;, who resides at Albany, wrote a letter to ,the plaintiffs,, who arc merchants in the city of New-Tork, as follows : “ Albany, 11th December, 1805. Gent. Should yo.u find it perfectly .agreeable to yourselves, (not otherwise,) you can .send .me by any sloop, provided you think the river will keep open, the goods I have no,ted at foot, and payable the 15th May next. If you think .the time ioo long, you need…
1Per curiam
The order sent by the defendant to the plaintiffs, was for 6 hogsheads of rum, and other articles, at a credit of six months ; and the plaintiffs sent only 3 hogsheads, and omitted part of the other articles, charging those sent, at a credit of three mdnths. This cannot amount to a contract. There is no agreement, no aggregatia menlium between the parties, as to the thing, or subject matter of the contract. The defendant wished to have *536the whole of the goods ; a part of them might be of no use ; and until he assented to receive a part instead of the whole, he cannot be said to have contracted…
2Cited by8 opinions
- Barton v. KaneWisconsin Supreme Court · 1863
- Smith v. LewisIndiana Supreme Court · 1872
- Sun Publishing Co. v. Minnesota Type Foundry Co.Oregon Supreme Court · 1892
- Farmers & Mechanics Bank v. MatherSupreme Court of Iowa · 1870
- Rugg v. DavisAppellate Court of Illinois · 1885
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