Gregory v. McDowel
New York Supreme Court
This was an action of assumpsit, tried at the Seneca circuit in J une, 1830, before the Hon, Daniel Moseley, one of the circuit judges. The action was for the breach of a contract, in not delivering 100,000 shingles at a landing place on the Seneca Lake, called Bailey-town, on the 1st June, 1828, for which the plaintiff had engaged to pay $125, or $1,25 per thousand.
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This was an action of assumpsit, tried at the Seneca circuit in J une, 1830, before the Hon, Daniel Moseley, one of the circuit judges. The action was for the breach of a contract, in not delivering 100,000 shingles at a landing place on the Seneca Lake, called Bailey-town, on the 1st June, 1828, for which the plaintiff had engaged to pay $125, or $1,25 per thousand. The plaintiff proved the value of shingles of the quality specified, at the place of delivery on the 1st June, to have been from $1,87 to $2 per 1000, and rested. The defendant offered to prove the value of shingles on the 1st…
1Opinion of the Court
By the Court, Sutherland, J.
The true rule of damages in this case, was the difference between the contract price of the shingles as fixed by the parties on the day and at the place of delivery, and their market value at the same time and place.' The shingles were to have been delivered by the defendant at Bailey-town, on the Seneca lake, on the first day of June, 1828. Several witnesses on the part of the plaintiff testified that shingles of the quality mentioned in this contract were worth at Bailey-town, on or about the 1st of June, 1828, from 15 to 16 shillings; and this evidence as to…
2Cited by24 opinions
- Todd v. . GambleNew York Court of Appeals · 1896
- Sellar v. ClellandSupreme Court of Colorado · 1875
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
- Durst v. . BurtonNew York Court of Appeals · 1872
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1901
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