Wallace v. Blake
City of New York Municipal Court
Appeal from trial term. The complaint alleged that the plaintiffs were manufacturers of worsted yarns,'under the firm name of Wallace & Co., near Bradford, in Yorkshire, England. That about the 20th of June, 1886, the defendants; Frederick D. Blake and others, requested the plaintiffs’ firm to manufacture for defendants 500 pounds of yarn, known as No. 260, at an agreed price of 29d. sterling per pound.
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Appeal from trial term. The complaint alleged that the plaintiffs were manufacturers of worsted yarns,'under the firm name of Wallace & Co., near Bradford, in Yorkshire, England. That about the 20th of June, 1886, the defendants; Frederick D. Blake and others, requested the plaintiffs’ firm to manufacture for defendants 500 pounds of yarn, known as No. 260, at an agreed price of 29d. sterling per pound. That on or about the 30th day of June the defendants requested plaintiffs’ firm to manufacture for said defendants the further amount of 500 pounds of said yarn, known as No. 260, at the same…
1Dissent
Pitshke, J.,
(dissenting.) This action was brought by plaintiffs, as manufacturers in England, to recover the “price” of a lot of 1,000 pounds of certain, woolen yarn, known as No. 260, spun by plaintiffs under an order from defendants, and the answer averred the same was not received and never accepted by the defendants. There was also a counter-claim on a previous lot of 500 pounds, paid for and resold by defendants, which was of a poor condition as delivered, whereby defendants suffered a loss. Before the second lot had been entirely manufactured and finished the defendants cabled to…
2Cases cited19 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
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