Duryea v. Bonnell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles H. Duryea, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 20th day of July, 1896, upon the report of a referee.
1Opinion of the Court
Hatch, J.:
The contract between the defendant and Duryea, Watts & Co. constituted.a binding agreement for the sale and delivery of the flour ordered by the defendant of the firm in April and October, 1892. (Stanton v. Small, 3 Sandf. 230 ; Benjamin on Sales [Bennett’s ed.], 86.) The referee found that’, in the usual course of business between the said firm and the defendant, the firm would book the order of the defendant, and, as the defendant requested, would order from the mill, of which the 'firm were agents, the required quantity of flour, which would be shipped directly from the mill to…
2Cases cited3 opinions
- Nelson v. . Plimpton Fire-Proof E. Co.New York Court of Appeals · 1874
- Ogden v. . MarshallNew York Court of Appeals · 1853
- Stanton v. SmallThe Superior Court of New York City · 1849
3Cited by3 opinions
- British Aluminium Co. v. TreftsAppellate Division of the Supreme Court of the State of New York · 1914
- Scott v. MillerAppellate Division of the Supreme Court of the State of New York · 1906
- Fletcher v. Jacob Dold Packing Co.Appellate Division of the Supreme Court of the State of New York · 1899