Wait v. . Borne
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an ordei made March 26, 1889, which reversed an order setting aside a verdict in favor of plaintiffs and granting a new trial and directed judgment on verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The construction of the contract between the parties was mate ter of law to be determined by the court.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an ordei made March 26, 1889, which reversed an order setting aside a verdict in favor of plaintiffs and granting a new trial and directed judgment on verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The construction of the contract between the parties was mate ter of law to be determined by the court. (Westcott v. Thompson,, 18 N. Y. 363; Brady v. Cassidy, 104 id. 147, 155; Dwight v. G. L. Co., 13 id. 341; Chapin v. Potter, 1 Hilt. 366,…
1Opinion of the CourtPeckham, J.
This action was brought by the plaintiffs for the purpose of recovering damages alleged to have been sustained by them by reason of the breach of an alleged warranty made by the defendants in the sale of certain oil to the plaintiffs. The plaintiffs had a verdict at the Circuit, which, upon motion made upon the trial judge’s minutes, was by him set aside and a new trial granted. On appeal from that order to the General Term that court set aside the order granting the new trial and ordered judgment upon the verdict for the plaintiffs. Bursuant to that order judgment was duly entered in favor…
2Cases cited4 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Smith v. . TracyNew York Court of Appeals · 1867
- Ahern v. . GoodspeedNew York Court of Appeals · 1878
3Cited by22 opinions
- Bierman v. . City Mills Co.New York Court of Appeals · 1897
- E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
- First National Bank v. FarsonNew York Court of Appeals · 1919
- Blass v. . TerryNew York Court of Appeals · 1898
- Eberlein v. Stockyards Mortgage & Trust Co.Supreme Court of Minnesota · 1925
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