Corning & Norton v. Colt & Nowland
New York Supreme Court
This was an action of assumpsit tried at the Rensselaer circuit in June, 1829, before the Hon. William A. Duer, one of the circuit judges.
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This was an action of assumpsit tried at the Rensselaer circuit in June, 1829, before the Hon. William A. Duer, one of the circuit judges. On the 14th November, 1827, the defendants, residing at Geneseo, in the county of Livingston, sent an order to the plaintiffs at Jllbany, to forward to them a quantity of plough castings of various descriptions, if they could be sent by the canal that fall, on a credit of one year from January then next; the castings to be forwarded to Rochester, subject to the order of the defendants. The order was received on the 20th November, and on the 29th of the…
1Opinion of the Court
By the Court,
Sutherland, J.
We are of opinion that a new trial ought to be granted in this case. The order of the defendants not having been strictly complied with by the plaintiffs, either as to the quantity of goods sent or the mode of transportation, it was incumbent upon them to shew an *256acceptance of the goods by the defendants, before they could be held responsible. The order was for a specified quantity and description of castings. If the castings had been sent according to the order the contract would have been closed. There would have been a complete agreement; an aggregate mentium, as…
2Cited by14 opinions
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- Pomeroy v. NewellAppellate Division of the Supreme Court of the State of New York · 1907
- Flanagan v. DemarestThe Superior Court of New York City · 1865
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