Hall v. New Hartford Canning Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John B. Hall, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 6th day of September, 1911, upon the report of a referee appointed to hear and determine the issues.
1Opinion of the Court
Robson, J.:
The claim which is the cause of action alleged in plaintiff’s complaint was assigned to him by the McMorran-Gray Company, Limited, a copartnership duly formed and existing under the laws of the State of Michigan.
The business of the McMorran-Gray Company was growing and furnishing seeds to canners and seedhouses. A written contract, dated December 21, 1907, was made by them with defendant by which they agreed to plant sufficient seed ordinarily to produce certain designated varieties of peas in the quantities thereinafter specified, and, “the season permitting the growing of the…
2Cases cited3 opinions
- Leavenworth v. PackerNew York Supreme Court · 1867
- Parke v. Franco-American Trading Co.New York Court of Appeals · 1890
- Silberman v. FretzNew York Supreme Court · 1896