Gray v. . Walton
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made June 8, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below, 20 J. & S. 534.) This action was brought to recover the value of certain goods purchased by plaintiff at auction sale of the furniture and fixtures of the St. James Hotel, in the city of Hew York, which belonged to defendant.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made June 8, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below, 20 J. & S. 534.) This action was brought to recover the value of certain goods purchased by plaintiff at auction sale of the furniture and fixtures of the St. James Hotel, in the city of Hew York, which belonged to defendant. The, sale took place on the 24th and 25th days of April, 1883. It was conducted by an auctioneer under the direction of the defendant. The terms of sale…
1Opinion of the CourtAndrews, J.
By the general rule of law, the vendor on a sale of chattels is bound to deliver them to the vendee at the place where they are at the time of the sale, on performance by the latter of the terms of sale, although the contract is silent on the subject of delivery. The obligation to deliver, if not expressed, is implied. (2 Kent’s Com. 677; Benj. on Sales, 555.) The obligation, however, may be limited, or qualified, or altogether excluded by the terms of the contract. The terms of. the auction sale in this case did not relieve the defendant from the obligation to deliver the property purchased…
2Cases cited1 opinion
- Campbell v. . WoodworthNew York Court of Appeals · 1859
3Cited by5 opinions
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- Scott v. MillerAppellate Division of the Supreme Court of the State of New York · 1906
- Distillers Factors Corp. v. Country Distillers Products, Inc.New York Supreme Court · 1947