White v. Demilt
The Superior Court of New York City
This was a special action on the case for the non-delivery of certain goods, bargained and sold by the defendant to the plaintiff. The declaration contained four special counts upon the contract, together with the common counts, for goods sold and delivered, money had and received, lent and advanced, &c.
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This was a special action on the case for the non-delivery of certain goods, bargained and sold by the defendant to the plaintiff. The declaration contained four special counts upon the contract, together with the common counts, for goods sold and delivered, money had and received, lent and advanced, &c. The first count, stated on the 20th of June, 1828, at Peters-burg, in the state of Virginia, the plaintiff bargained with the defendant to buy of him, and the defendant there and then sold to the plaintiff a large quantity of jewelry, ibr the price of 800 dollars, to be delivered to the…
1Opinion of the CourtOakley, J.
This case comes before us on separate demurrers to the first four counts.
*413The defendant objects, in the first place, that no consideration for the undertaking on his part is alleged. The answer to this is, that the counts demurred to are upon mutual promises, and that the promise of the plaintiff to accept the goods and pay for them, is the consideration of the defendant’s promise to déliver them. This is no doubt a sufficient averment of a consideration.
The defendant objects, in the second place, that the three first counts do not aver a tender of the notes, by which payment for the goods was…
2Cited by1 opinion
- Samuel D. Linton & Co. v. WilliamsSupreme Court of Georgia · 1858