Weaver v. Wisner
New York Supreme Court
mi-IE plaintiffs are apple dealers residing in Havana, JL • Schuyler county, Hew York. The defendants are dealers residing at Middletown, Orange county, Hew York.
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mi-IE plaintiffs are apple dealers residing in Havana, JL • Schuyler county, Hew York. The defendants are dealers residing at Middletown, Orange county, Hew York. On the 3d day of January, 1867, the plaintiffs wrote to the defendants that they would sell them one hundred barrels of apples delivered in the railroad cars at Havana depot, for $3.50 per barrel, stating the kind of apples, when and where put up, and where they had been kept, and that they had opened twelve barrels and found that they had kept well, and looked fresh and good. The defendants were to pay the freight and run all risks…
1Opinion of the CourtBy the Court Murray, J.
Unless this was a cause that should have been submitted to the jury on the questions connected with the recoupment, the court was right in ordering a verdict for the plaintiffs, for the whole price of the apples.
The defendants not having been present at Havana to receive or accept the apples when delivered on board the *641cars, and they not having paid for, received or accepted them, until they arrived at Middletown, it is a case, not of sale and delivery with warranty, but an executory contract to sell and deliver to the defendants one hundred barrels of good and merchantable apples. The…
2Cases cited1 opinion
- Reed v. . RandallNew York Court of Appeals · 1864
3Cited by2 opinions
- Charlotte, Columbia & Augusta R.R Co. v. JesupThe Superior Court of New York City · 1871
- Marcus v. ThorntonThe Superior Court of New York City · 1879