McDonald v. . Walter
New York Court of Appeals
This action was brought to recover damages for an alleged refusal to accept 200 boxes, or 114,445 lbs. of bacon, claimed to have been sold by the plaintiffs to the defendants at eight and three-fourths cents per pound. The refusal of the defendants to receive the bacon was not denied. The market price of the bacon when tendered, according to the plaintiffs’ testimony, was two and one-half cents per pound less than the contract price.
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This action was brought to recover damages for an alleged refusal to accept 200 boxes, or 114,445 lbs. of bacon, claimed to have been sold by the plaintiffs to the defendants at eight and three-fourths cents per pound. The refusal of the defendants to receive the bacon was not denied. The market price of the bacon when tendered, according to the plaintiffs’ testimony, was two and one-half cents per pound less than the contract price. Other testimony tended to show a much less disparity in value, not exceeding one-half to three-fourths of a cent per pound. Upon other questions bearing upon the…
1Opinion of the Court
Woodruei?, J.
The appellants insist that the order appealed from should be reversed, because, on a conflict of evidence, such as was exhibited on the trial of this action, the jury might have found a verdict for the defendants; and had they done so, the verdict could not be disturbed. There was evi. dence sufficient to sustain it. And, therefore, their giving damages little more than nominal, should have been deemed conclusive.
And second, that if the court below had power to set aside a verdict because it was grossly less than the plaintiffs were entitled to, if entitled at all, still the…
2Cited by56 opinions
- Metropolitan Railroad v. MooreSupreme Court of the United States · 1887
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Toole v. TooleSupreme Court of South Carolina · 1973
- Bodie v. Char. & West. Car. Ry. Co.Supreme Court of South Carolina · 1903
- Doody v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
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