Van Woert v. . Albany Susquehanna R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the alleged breach of a contract to sell and deliver á quantity of wood.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the alleged breach of a contract to sell and deliver á quantity of wood. The contract, according to plaintiff’s evidence, was made by paroi in May, 1869. By it plaintiff agreed to sell and deliver to defendant 1,000 cords of wood, or so much of that quantity as he could cut and deliver, which defendant agreed to purchase and pay for at three dollars and fifty cents per cord for hard…
1Opinion of the CourtKarl, J.
The jury were authorized to find, and we must assume that they did find, that there was a paroi contract for the sale of wood, by which the defendant agreed to purchase and take of the plaintiff 1,000 cords of wood, or so much of that quantity as the plaintiff could cut and deliver, and pay for the same three dollars and fifty cents per cord for hard wood and three dollars per cord for soft wood; and the plaintiff agreed to deliver the whole, or so much of the 1,000 cords as he could cut and deliver.
We will assume, as most favorable to the appellant, that that was not a contract for work and…
2Cases cited4 opinions
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Boutwell v. O'KeefeNew York Supreme Court · 1860
- Thompson v. MenckNew York Court of Appeals · 1865
- Bradley v. WheelerThe Superior Court of New York City · 1866
3Cited by13 opinions
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
- Wood & Brooks Co. v. D. E. Hewit Lumber Co.West Virginia Supreme Court · 1921
- Thedford v. . HerbertNew York Court of Appeals · 1909
- John Thallon & Co. v. Edsil Trading Corp.New York Court of Appeals · 1951
- Municipal Gas Co. v. GilkersonSupreme Court of Oklahoma · 1932
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