Legal Opinion

Bloomingdale v. Hewitt

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1899Published

'Appeal by the plaintiff, Charles A. Bloomingdale, from a judgment of the Supreme Court in favor of the defendants, entered in ■the office of the clerk of the county of Kings on the 6th day of September, 1898, upon .the report of a referee.

1Opinion of the Court

Cullen, J.:

This action was brought to recover damages for a breach of the ■following written agreement:

“ This article of agreement, entered into this 25th day of January, 1896, between J. S. Hewitt & Sons, of Locke, N. Y., parties,-of "the first part, and Charles A. Bloomingdale, party of the second part, witnesseth that parties of the first part agrees to sell, and does ’hereby sell to party of the second part twenty-five (25) cars hay, or two hundred and fifty (250) tons, number one hay at eighteen dollars ($18.00) per ton of (2000 Ib) f. o. b., track Palmers Dock, Brooklyn, N. Y., shipment…

2Cases cited2 opinions

  1. Cabot v. WinsorMassachusetts Supreme Judicial Court · 1861
  2. Tilden v. RosenthalIllinois Supreme Court · 1866

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API