Larrowe v. Lewis
New York Supreme Court
Appeal from ,a judgment in favor .of the plaintiff, entered in Livingston county, on the report of a referee. On the 23d day of May, 1881, one T. J. Reynolds made and -entered into a contract with the defendants, who were copartners ■doing business under the Arm name of Lewis Brothers, for the purchase of a quantity of railroad ties. The contract was in writing and of which the following is a copy: “ May 23, 1SS1. “ Messrs.
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Appeal from ,a judgment in favor .of the plaintiff, entered in Livingston county, on the report of a referee. On the 23d day of May, 1881, one T. J. Reynolds made and -entered into a contract with the defendants, who were copartners ■doing business under the Arm name of Lewis Brothers, for the purchase of a quantity of railroad ties. The contract was in writing and of which the following is a copy: “ May 23, 1SS1. “ Messrs. Lewis Bros. : - “ Gents : — I will give 47 cents for your white and yellow oak, aud 37 cents for black ash, cherry, red oak, chestnut, butternut and slippery elm ties,…
1Opinion of the Court
Childs, J. :
In the statement of account prepared by Reynolds, showing an overpayment for ties, the defendants were charged with the moneys paid on the contract and credited with the ties received as “ firsts ” and “seconds,” the “firsts ” at the price stipulated in the contract, and the “ seconds ” at one-half the contract-price, and thus the overpayment, to recover which this action was brought, is made to appear.
Upon the trial, W. H. Hallock, a dealer in railroad ties, was called as a witness by the plaintiff, and testified that the sized tie used by the Delaware, Lackawanna and Western…
2Cases cited4 opinions
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Bradley v. . WheelerNew York Court of Appeals · 1871
- Hamilton v. GanyardNew York Court of Appeals · 1866
- Lombardo v. CaseNew York Supreme Court · 1865