Whitney v. McLean
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Emma Y. McLean and another, from a judgment of the County Court of the county of Monroe in favor' of the plaintiff, entered in the office of the clerk of the county of Monroe on the 29th day of October, 1895, upon the verdict of a jury rendered after a trial at .the Monroe County Court, and also from an order entered in said clerk’s office on the 16th day of November, 1895* denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Emma Y. McLean and another, from a judgment of the County Court of the county of Monroe in favor' of the plaintiff, entered in the office of the clerk of the county of Monroe on the 29th day of October, 1895, upon the verdict of a jury rendered after a trial at .the Monroe County Court, and also from an order entered in said clerk’s office on the 16th day of November, 1895* denying the defendants’ motion for a new trial made upon the minutes. Plaintiff’s cause of action was for an alleged breach of contract entered into by the defendants, who were co-partners^ in-…
1Opinion of the Court
Hardin, P. J.:
What was- the contract between the parties? To answer this question the telegrams must be interpreted. On June twelfth the • plaintiff’s telegram contained an inquiry to the defendants as to-whether they desired a “ car - choice potatoes three twenty-five delivered.” This telegram, when amplified,• undoubtedly .means-that the "inquiry was to the defendants, in substance, whether they wished to purchase a carload of choice potatoes at three, dollars and twenty-five cents per barrel, delivered in the city of Rochester; In' response -to that telegram, on June thirteenth, the…
2Cases cited7 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Brown v. . FosterNew York Court of Appeals · 1888
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ten Broeck Tyre Co. v. Rubber Trading Co.Court of Appeals of Kentucky · 1919
- Thick v. Detroit, Utica & Romeo RailwayMichigan Supreme Court · 1904
- Jones v. De CourseyAppellate Division of the Supreme Court of the State of New York · 1896
- Lagerloef Trading Co. v. American Paper Products Co.Court of Appeals for the Seventh Circuit · 1923
- Plumb v. J. W. Hallauer & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1911
4 more not listed; retrieve them via the Exa API.