Hawes v. . Lawrence
New York Court of Appeals
Hawes and others, composing the firm of Hawes, Gray & Co., brought assumpsit against Lawrence & Hicks, in the superior court of the city of Hew-York, to recover the deficiency in price on a quantity of oil which the plaintiffs agreed to sell to the defendants, and which was sold at auction by the plaintiffs at less than, the contract, price, after the defendants had refused to accept and pay for it pursuant to the contract.
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Hawes and others, composing the firm of Hawes, Gray & Co., brought assumpsit against Lawrence & Hicks, in the superior court of the city of Hew-York, to recover the deficiency in price on a quantity of oil which the plaintiffs agreed to sell to the defendants, and which was sold at auction by the plaintiffs at less than, the contract, price, after the defendants had refused to accept and pay for it pursuant to the contract. At the trial before Sandfoed, J. in December, 1848, it appeared that on the 22d of February, 1847, the plaintiffs were advised by their London correspondent of the…
1Opinion of the CourtPratt, J.
This case must turn upon the construction of the contract of sale. If the words “ sailed on or about the 15th March ult.” in the memorandum of sale ought to be construed as a condition or a warranty that the vessel had sailed within the time implied by those terms, the defendants were under [347] no obligation to receive the goods and complete the sale, unless the vessel had actually sailed at a time within the terms of such condition or warranty.
It was not contended upon the argument that the terms used were intended by the parties as an express condition, but the defence was based upon the…
2Cases cited1 opinion
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
3Cited by4 opinions
- Ernst Zobel Co. v. CanalsAppellate Division of the Supreme Court of the State of New York · 1919
- Bigelow v. Bard, New York County Courts1909
- Schiff v. Winton Motor Car Co.Appellate Terms of the Supreme Court of New York · 1915
- Williams S. S. Co. v. McLeod Lumber Co.District Court, W.D. Washington · 1924