McCormick v. . Sarson
New York Court of Appeals
Appeal from the Superior Court of the city of JSTew York, affirming a judgment for the' plaintiff, at the the trial term. The action, was to recover the purchase price of a quantity of lumber sold the defendant by the plaintiff. The sale was by written contract.
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Appeal from the Superior Court of the city of JSTew York, affirming a judgment for the' plaintiff, at the the trial term. The action, was to recover the purchase price of a quantity of lumber sold the defendant by the plaintiff. The sale was by written contract. By its terms the plaintiff sold the defendant all the sawed lumber then in a certain yard, at the rates stated in a schedule annexed to the contract, to wit: seventeen dollars a thousand for “ prime,” fifteen dollars a thousand for “ merchantable” and eight dollars a thousand for “ refuse.” The amount- in feet was to be ascertained by…
1Opinion of the Court
By the Court—Peokham, J.
This was an action for the price of different kinds of lumber, alleged to have been sold and delivered. Denial by defendant. The contract proved required the delivery to the defendant of all the lumber in plaintiff’s yard, consisting of three different qualities at different prices. The plaintiff had proved the delivery to, and acceptance by defendant’s agent, of the lumber, as of the ' different qualities claimed, viz., so much prime, so much merchantable, and so much refuse. The defendant then offered to prove that “all the lumber for which the action was brought as…
2Cases cited5 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Sprague v. BlakeNew York Supreme Court · 1838
- Hart v. WrightNew York Supreme Court · 1837
- Welsh v. CarterNew York Supreme Court · 1828
3Cited by22 opinions
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
- Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
- The Dutchess Company v. . HardingNew York Court of Appeals · 1872
- Waeber v. . TalbotNew York Court of Appeals · 1901
- Dounce v. . DowNew York Court of Appeals · 1874
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