Thompson v. Poor
New York Supreme Court
Appeal from circuit court, Warren county. Action by Lemon Thompson against John O. Poor and Charles C. Poor for breach of a written contract, wherein defendants agreed to peel a specified number of cords of hemlock bark from trees standing on plaintiff’s land. From a judgment in plaintiff’s favor, defendants appeal.
1Opinion of the CourtMayham, P. J.
The plaintiff, by a contract under seal, dated April 1, 1885, sold to the defendants all the hemlock bark on the trees, on a certain tract of land owned by the plaintiff, at the price of $1.75 per cord; and in the same contract the defendants purchased such bark, and agreed to peel from 800 to 1,000 cords the first year, and 1,000 cords yearly thereafter, until all of such bark was peeled. On the 7th of July, 1885, the defendants’ tannery in the vicinity of such bark land was totally destroyed by fire. On the 3d of August, 1885, the plaintiff entered into a contract with one Wakely to cut,…
2Cases cited1 opinion
- Thomson v. PoorNew York Supreme Court · 1890