Rouse v. Lewis
New York Court of Appeals
Appeal from an order made at the General Term in the fifth district, reversing a judgment in favor of the plaintiff, and granting a new trial. " The action was for damages sustained hy a breach of agreement by the defendant.
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Appeal from an order made at the General Term in the fifth district, reversing a judgment in favor of the plaintiff, and granting a new trial. " The action was for damages sustained hy a breach of agreement by the defendant. The complaint alleged that, on the 12th of June, 1860, the plaintiff sold and delivered to the defendant his horse, harness and carriage, in consideration of which the defendant agreed to sell and deliver to him, within two weeks thereafter, two new mowing machines of “ Hubbard’s'patent,” of the same kind and qualities, save in certain particulars specified, as those then…
1Opinion of the CourtPorter, J.
The judgment was reversed in the court below, on the ground that the judge erred in refusing to instruct the jury, that the defendant was not in default for omitting to have the machines ready in time, if they believed that before the time expired, he was notified by the plaintiff that he would not take them. The decision was made upon *357the argument, the judge who tried the cause dissenting; and we think it quite apparent that the reversal was due to a misapprehension of the facts.
The contract, on the part of the plaintiff, was completely executed at the time it was made. All that he undertook…
2Cases cited2 opinions
- Hasbrouck v. TappenNew York Supreme Court · 1818
- Storey v. . BrennanNew York Court of Appeals · 1857
3Cited by3 opinions
- Welsh v. . GosslerNew York Court of Appeals · 1882
- Jackson v. OdellNew York Court of Common Pleas · 1880
- MacGowan v. DuffNew York Court of Common Pleas · 1887