Champlin v. Rowley
New York Supreme Court
This was an action of assumpsit, tried at the Dutchess circuit in November, 1830, before the Hon. Charles H. Ruggles, one of the circuit judges. The declaration contained the common counts only for goods and chattels, and hay sold and delivered by the plaintiff to the defendant.
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This was an action of assumpsit, tried at the Dutchess circuit in November, 1830, before the Hon. Charles H. Ruggles, one of the circuit judges. The declaration contained the common counts only for goods and chattels, and hay sold and delivered by the plaintiff to the defendant. On the trial of the cause, the defendant admitted that in the autumn of the year 1831, the plaintiff delivered to him, at a dock at Rhinebeck, 52 tons and 900 lbs. of pressed hay, and that the value thereof was three shillings and sixpence per 100 weight, and that the last load was delivered about the seventh day of…
1Opinion of the Court
By the Court,
Nelson, J.
Unless we are at liberty to make a contract for these parties, it is perfectly clear, that beyond the $100 which was to be paid in advance, the defendant is not bound to make any payment towards the hay, until the whole quantity agreed to be delivered, viz. 100 tons, and all besides that the plaintiff had to spare, has been actually received by him. The residue of the price of the hay, after the payment of the $100, was to be paid when the whole quantity should be delivered. Such are the express terms of the contract, and we are not left to doubtful construction" to…
2Cases cited1 opinion
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by26 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Mead v. DegolyerNew York Supreme Court · 1837
- Avery v. . WillsonNew York Court of Appeals · 1880
- Clark v. MooreMichigan Supreme Court · 1853
- People Ex Rel. Cossey v. . GroutNew York Court of Appeals · 1904
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