Eddy v. Graves
New York Supreme Court
This was an action of debt to recover a sum of money fixed upon as liquidated damages, in an agreement under seal. By the contract, bearing date 4th May, 1838, the plaintiff, a merchant, agreed to sell and deliver to the defendant, on the tenth day of September next after the date of the agreement, at the store of the plaintiff, all the goods and merchandize which on that day should remain unsold,, of the stock or assortment which he (the plaintiff) had on hand at his store…
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This was an action of debt to recover a sum of money fixed upon as liquidated damages, in an agreement under seal. By the contract, bearing date 4th May, 1838, the plaintiff, a merchant, agreed to sell and deliver to the defendant, on the tenth day of September next after the date of the agreement, at the store of the plaintiff, all the goods and merchandize which on that day should remain unsold,, of the stock or assortment which he (the plaintiff) had on hand at his store ; and the defendant on his part covenanted that on the tenth of September, he would pay for the goods, provided the…
1Opinion of the CourtCowen, J.
By the Court, We are quite clear that neither of the exceptions is well taken. The plaintiff retained the privilege of sale generally ; and unless he fraudulently sold the goods in such a way as to injure the defendant, the latter must pay for the balance remaining on hand the 10th of September, not exceeding nine hundred dollars. No fraud was pretended or offered to be shown.
The second exception cannot avail for the reasons assigned at the circuit by the plaintiff’s counsel, apd adopted by the judge, viz: 1. Because there was no consideration for the agreement to postpone; and 2. Because a…
2Cases cited1 opinion
- Allen v. JaquishNew York Supreme Court · 1839
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