Azema v. Levy
City of New York Municipal Court
Appeal from trial term. The action is to recover damages for breach of a written contract contained in the following bought and sold note: “Sold for account of Messrs. Arthur Azema & Co., to Messrs.
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Appeal from trial term. The action is to recover damages for breach of a written contract contained in the following bought and sold note: “Sold for account of Messrs. Arthur Azema & Co., to Messrs. Levy & Lewis, 500 bags, new (1887) crop, of the usual good merchantable quality, hand-picked, medium Marsellas white beans, of which 250 bags to be shipped during the month of February and 250 to be shipped during March, either direct or indirect, by steamer to Hew York, and on arrival to be taken from the steamer’s wharf at two*dollars seven and a half cents per bushel of 62 pounds, duty paid.…
1Opinion of the CourtMcAdam, C. J.
The expert evidence sufiiciently established the facts that the quality of the beans corresponded to that called for by the contract, and, if there was any question about it, it was one which ought to have gone to ■the jury. The question of weights was by consent reserved, and the sole question now involved is whether the trial judge was right in holding that the contract was entire, and that no recovery could be had until the entire 500 bags of beans were tendered. The beans were to be shipped in two parcels, •one month apart, and the defendants contracted to take each parcel as it arrived,…
2Cases cited5 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Canda v. . WickNew York Court of Appeals · 1885
- Swift v. OpdykeNew York Supreme Court · 1865
- Aldrich v. PyattNew York Supreme Court · 1872
- Isaacs v. . New York Plaster WorksNew York Court of Appeals · 1876
3Cited by1 opinion
- Wood, Curtis & Co. v. SeurichCalifornia Court of Appeal · 1907