Bradley v. . Wheeler
New York Court of Appeals
Appeal from an order of the Yew York Superior Court, at General Term, affirming a judgment entered upon a verdict in favor of the plaintiffs. This was an action brought in the Superior Court of the city of Yew York, to recover the price of a cargo of hay, consisting of 1,197 bales of good hay and thirty bales of clover, claimed to have been sold and delivered to the defendants on or about the 9th day of December, 1863, at specified prices per pound.
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Appeal from an order of the Yew York Superior Court, at General Term, affirming a judgment entered upon a verdict in favor of the plaintiffs. This was an action brought in the Superior Court of the city of Yew York, to recover the price of a cargo of hay, consisting of 1,197 bales of good hay and thirty bales of clover, claimed to have been sold and delivered to the defendants on or about the 9th day of December, 1863, at specified prices per pound. The defendants, by then-answer, admitted that the plaintiffs, at the time mentioned, sold and delivered to them 122 bales of shipping hay and…
1Opinion of the Court
It has been established, by the verdict of the jury in this case, upon conflicting evidence, under instructions from the court, to which there was not any exception taken, that a contract was made for the sale by the plaintiffs, and the purchase by the defendants, of the whole cargo of hay, at a specified price per pound (the price for the shipping hay being greater than for the clover); that it was delivered at the place agreed upon, and taken under the charge and control of the defendants; that a part of it was taken into their actual possession; and that nothing was to be done by the…
2Cited by21 opinions
- Dickinson v. . City of PoughkeepsieNew York Court of Appeals · 1878
- Collender v. . DinsmoreNew York Court of Appeals · 1873
- Pulkrabek v. Bankers' Mortgage Corp.Oregon Supreme Court · 1925
- German-American Insurance v. Commercial Fire Ins.Supreme Court of Alabama · 1891
- Milwaukee & Wyoming Investment Co. v. JohnstonNebraska Supreme Court · 1892
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