Swift v. Opdyke
New York Supreme Court
THIS was an action for the price of goods sold, amounting in value to $3465.75. There were two causes of action alleged in the complaint. First. For the price of seven hales of eight-pound blankets and of one bale of seven-pound blankets. Second. For the price of five bales of seven-pound blankets. On the second cause of action, the plaintiffs recovered.
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THIS was an action for the price of goods sold, amounting in value to $3465.75. There were two causes of action alleged in the complaint. First. For the price of seven hales of eight-pound blankets and of one bale of seven-pound blankets. Second. For the price of five bales of seven-pound blankets. On the second cause of action, the plaintiffs recovered. On the first, the jury, under the instruction of the court, rendered a verdict against them so far as the eight-pound blankets were concerned. On a case and exceptions, they moved, at special term, for a new trial, which was denied, pro…
1Opinion of the Court
By the Court,
Clerke, J.
I think the judge erred in telling the jury “that if they came to the conclusion that if the contract was to deliver twenty-two bales of these goods, then the plaintiffs were not entitled to recover for the seven bales of the eight-pound goods that were delivered.” Even supposing the contract to be one and the same, it was for the sale and delivery of two different parcels, to come in different ships, at different periods of time. Each portion of the contract, therefore, was complete in itself without reference to the other. Undoubtedly, the parties could, by express…
2Cases cited1 opinion
- Tipton v. . FeitnerNew York Court of Appeals · 1859
3Cited by7 opinions
- Silberman v. FretzNew York Supreme Court · 1896
- Azema v. LevyCity of New York Municipal Court · 1889
- Hand-Stitch Broom Sewing-Mach. Co. v. BloodU.S. Circuit Court for the District of Northern New York · 1891
- Hill v. HellerNew York Supreme Court · 1882
- Johnson v. Union Switch & Signal Co.New York Court of Appeals · 1892
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