Organ v. Stewart
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 1 Hun, 411.) This action was brought for the breach of an alleged contract for the sale, by defendant to plaintiff, of a quantity of wool.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 1 Hun, 411.) This action was brought for the breach of an alleged contract for the sale, by defendant to plaintiff, of a quantity of wool. The referee found the following facts, among others: That on or about the 24th day of January, 1871, the defendant, who resided at the town of York, in the county of Livingston, in this State, was the owner of three lots of wool: one lot at his residence, in the…
1Opinion of the CourtAndrews, J.
Upon the facts found by the referee there was a clear right in the defendant to recover the purchase-price of the “York” and “ Gilmore” wool, when the verbal agreement for the sale of the “Fowlerville” wool was made.
The referee finds that prior to that time a contract for the sale of the other lots of wool had been made at York, and was fully completed on the part of the defendant by delivery to the plaintiffs at Caledonia, and nothing remained to be done to complete the execution of that contract but the payment by the plaintiffs of the agreed price. It is equally clear upon the findings of…
2Cases cited2 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Crans v. . HunterNew York Court of Appeals · 1863
3Cited by3 opinions
- Cabell v. Hamilton Brown Shoe CompanyTexas Supreme Court · 1891
- Lightner v. BrooksU.S. Circuit Court for the District of Massachusetts · 1864
- State v. SmithSupreme Judicial Court of Maine · 1886