Keeler v. Vandervere
New York Supreme Court
The action was brought in the Supreme Court to recover damages for a refusal to accept and pay for a quantity of hops. The action was tried at the Broome county circuit in January, 1871, before one of the justices of this court and a jury- It appeared upon the trial that the defendant, in October, 1868, purchased the crop of hops raised by the plaintiff that year, being about 3,600 pounds, at the price of eighteen cents per pound, to be paid on delivery.
Read the full summary
The action was brought in the Supreme Court to recover damages for a refusal to accept and pay for a quantity of hops. The action was tried at the Broome county circuit in January, 1871, before one of the justices of this court and a jury- It appeared upon the trial that the defendant, in October, 1868, purchased the crop of hops raised by the plaintiff that year, being about 3,600 pounds, at the price of eighteen cents per pound, to be paid on delivery. The hops at the time had been dried and were in the plaintiff’s hop house in Union, Broome county; the defendant saw them and examined some…
1Opinion of the Court
By the Court
Miller, P. J.
It is a general rule of law, that, where anything remains to be done, by the vendor of personal property, to ascertain the quantity or quality of an article sold, or to put it in the condition which the terms of the contract require, the title does not pass, and the contract is executory. (Terry v. Wheeler, 25 N. Y., 520, 525; Burt v. Dutcher, 34 id., 493; Kelley v. Upton, 5 Duer, 336; Fleeman v. McKean, 25 Barb., 474; Whitcomb v. Hungerford, 42 id., 177; Pierson v. Hoag, 47 id., 243; Joyce v. Adams, 4 Seld., 291.) And, where such is the case, and the article is not…
2Cases cited11 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Terry v. . WheelerNew York Court of Appeals · 1862
- McKnight v. DunlopNew York Supreme Court · 1848
- Sprague v. BlakeNew York Supreme Court · 1838
- Fleeman v. McKeanNew York Supreme Court · 1857
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Burrows v. . WhitakerNew York Court of Appeals · 1877
- Aldrich v. PyattNew York Supreme Court · 1872