Taylor v. Ballard
New York Supreme Court
Appeal from Otsego county court. Action by Thomas Taylor, Jr., against Sidney M. Ballard and John Millard for the price of hay. Judgment rendered upon the verdict of the jury in favor of the plaintiff for $11.64 damages, from whicti plaintiff appeals. Plaintiff in his complaint alleges “that on or about June 1, 1884, he sold the defendants 7,440 pounds of .hay at the agreed price of $12.00 per ton.”
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Appeal from Otsego county court. Action by Thomas Taylor, Jr., against Sidney M. Ballard and John Millard for the price of hay. Judgment rendered upon the verdict of the jury in favor of the plaintiff for $11.64 damages, from whicti plaintiff appeals. Plaintiff in his complaint alleges “that on or about June 1, 1884, he sold the defendants 7,440 pounds of .hay at the agreed price of $12.00 per ton.” The defendants in their answer “deny each and every allegation in the complaint.” The plaintiff insists the verdict which he recovered was insufficient, and that the insufficiency was caused by…
1Opinion of the Court
Hardin, P J.
To ascertain what the contract was between the parties in respect to the sale of the hay, the resort was necessarily had to oral testimony, as the contract rested wholly in paroi. The plaintiff, to maintain his action, testified, viz.: “Mr. Millard came there once or twice. He wanted the stack of hay I got of Badger. I reserved one load for myself,-one load for John Blunk, and the defendants were to have the balance at $12.00 per ton. I drew my last load the 6th of March, 1885. That was the last time I was there. At time I sold this hay to defendants, I had drawn three or four…
2Cases cited9 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
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