Cunningham v. . Judson
New York Court of Appeals
Appeal from judgment of the General Term of the Su-, preme Court, in the first judicial department, entered upon an order made June 1, 1883, which affirmed a judgment in favor of defendant, entered upon a verdict. (Reported below 30 Hun, 63.) This action was brought to recover damages for an alleged breach of a contract of purchase and sale.
Read the full summary
Appeal from judgment of the General Term of the Su-, preme Court, in the first judicial department, entered upon an order made June 1, 1883, which affirmed a judgment in favor of defendant, entered upon a verdict. (Reported below 30 Hun, 63.) This action was brought to recover damages for an alleged breach of a contract of purchase and sale. On the 20th day of January, 1880, the plaintiffs, who were dealers in iron, having offices in New York and Philadelphia, contracted to sell iron to the defendant, who was a dealer in iron in New York, through a bought-and-sold note, of which the following…
1Opinion of the CourtEael, J.
If the proper construction of the contract between these parties entitled the defendant to receive iron shippéd by the, plaintiffs from Great Britain, then the judgment is right. In that event the description of the iron purchased required that it should be iron shipped by the plaintiffs, and however unimportant that circumstance might be, it entered into the contract of the parties, and the defendant could not be required to take any other iron. (Hill v. Blake, 97 N. Y. 216.) But as that circumstance is unimportant, it should riot bo importéd into the contract by a liberal construction of…
2Cases cited1 opinion
- Hill v. . BlakeNew York Court of Appeals · 1884
3Cited by7 opinions
- Harrison v. FortlageSupreme Court of the United States · 1896
- Chicago, R. I. & P. Ry. Co. v. Maryland Casualty Co.Court of Appeals for the Eighth Circuit · 1935
- Browne v. . PatersonNew York Court of Appeals · 1901
- Bidwell v. OvertonNew York Court of Common Pleas · 1891
- Chicago Union Traction Co. v. LudlowAppellate Court of Illinois · 1903
2 more not listed; retrieve them via the Exa API.