Wood v. Sherwood
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elmer Sherwood, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 8th day January, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of January, 1913, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Elmer Sherwood, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 8th day January, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of January, 1913, denying defendant’s motion for a new trial made upon the minutes. After the judgment was entered the original plaintiff, Joseph Wood, died, and Mary Wood was duly appointed his administratrix.
1Opinion of the Court
Woodward, J.:
The complaint in this action alleges that “within the six years last past plaintiff ordered from defendant and defendant sold and delivered to plaintiff upwards of 300 apple trees, and plaintiff caused the same to be transplanted on his farm in the town of Schuyler Falls, and has since expended much time and money in the care and cultivation of the same; ” that “plaintiff ordered and defendant agreed to deliver to plaintiff trees of the varieties known as McIntosh Beds, Delaware Beds and Fameuse, and represented the trees so delivered to plaintiff to be trees of said varieties,…
2Cases cited2 opinions
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Sanford v. Brown Bros.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Pendergrass v. FairchildOregon Supreme Court · 1923