La Farge v. Rickert
New York Supreme Court
Error from the Jefferson common pleas. La Farge, by his agent M’Nitf, on the 27th September, 1827, distrained certain property of C. Carpenter, his tenant, for rent.
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Error from the Jefferson common pleas. La Farge, by his agent M’Nitf, on the 27th September, 1827, distrained certain property of C. Carpenter, his tenant, for rent. After the distress was made, the agent agreed to buy of Carpenter sufficient property, at the appraisal of a third person, to satisfy the rent; certain property was accordingly appraised, and the agent then agreed to leave the same in the possession of Carpenter, if the latter would procure the defendant to agree to deliver it or pay the amount, on the 1st February following. The defendant consented to do so, and signed a…
1Opinion of the Court
By the Court,
Sutherland, J.
The court below erred in admitting that paroi evidence which was given of an agreement between the parties, made at or before the execution of the written contract between them, as to the place at which the articles mentioned in the receipt of the defendant were to be delivered by him.
If the articles to be delivered by the defendant are to be considered of a portable kind, then, by the established legal construction of such a contract, he was bound to deliver them at the residence of the plaintiff. If they are ponderous articles, then the plaintiff had a right to…
2Cases cited3 opinions
- Lush v. DruseNew York Supreme Court · 1830
- Scott v. CraneSupreme Court of Connecticut · 1814
- Mason v. BriggsMassachusetts Supreme Judicial Court · 1820
3Cited by22 opinions
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- Barry v. . RansomNew York Court of Appeals · 1855
- King v. Enterprise InsuranceIndiana Supreme Court · 1873
- Stange v. WilsonMichigan Supreme Court · 1868
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