Cobb v. . Dolphin Manufacturing Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York in favor of plaintiffs, entered upon an order made January 13, 1885, which overruled defendant’s objections and directed judgment on a verdict directed by the court. This action was brought to recover damages for an alleged breach of contract on the part of defendant to purchase certain bales of “ Jute Butts.”
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York in favor of plaintiffs, entered upon an order made January 13, 1885, which overruled defendant’s objections and directed judgment on a verdict directed by the court. This action was brought to recover damages for an alleged breach of contract on the part of defendant to purchase certain bales of “ Jute Butts.” The controversy was submitted to arbitrators as stated in the opinion. Upon refusal of the defendant to abide by the award and receive the jute, plaintiffs after notice sold…
1Opinion of the CourtPeckham, J.
On the 13th of April, 1880, the parties to this action entered into a contract in relation to certain bales of jute butts, by which the plaintiffs agreed to sell and the defendant agreed to purchase “ 1,000 bales guaranteed bagging quality, per Knight Commander, at (3T\) three seven sixteenths cents per pound, actual gross weight, duty paid, cash.” Also “ 1,000 bales merchantable quality, per Knight Commander.” In the same contract were agreements to sell and purchase various other bales of jute from other ships and at other prices. The only question in this case, however, arises in regard to…
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