St. Regis Paper Co. v. . Santa Clara Lumber Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 16, 1905, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature qf the action and the facts, so far as material, are stated in the opinion. The court below erred in its interpretation as to advances.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 16, 1905, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature qf the action and the facts, so far as material, are stated in the opinion. The court below erred in its interpretation as to advances. (1 Jarman on Wills, 532.) The defendant could not rescind the contract at a time when it was itself in the wrong by demanding more money for advances than the cost of the work done. (Wright v. Reusens, 133 N. Y. 298 ;…
1Opinion of the Court
Cullen, Ch. J.
This action was brought for the specific performance of a contract whereby the defendant agreed to cut and deliver to the plaintiff from eleven to thirteen thousand cords of pulp wood a year from a large tract of wild lands in the Adirondacks owned by the defendants, during the term of ten years, at the price of nine dollars a cord, with the privilege to the plaintiff to obtain a renewal of the contract for an additional term of ten years at twelve dollars per cord. The case has been before this court on a previous appeal and is reported in 173 New York (p. 149). In that report…
2Cases cited1 opinion
- Day v. . HuntNew York Court of Appeals · 1889
3Cited by19 opinions
- Gravenhorst v. . ZimmermanNew York Court of Appeals · 1923
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Laredo Hides Co., Inc. v. H & H Meat Products Co., Inc.Court of Appeals of Texas · 1974
- Brede v. . Rosedale Terrace Co.New York Court of Appeals · 1915
- White v. MasseeSupreme Court of Iowa · 1927
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