Ready v. . J.L. Fulton Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July. 17, 1903, affirming a judgment in favor of plaintiff' entered upon a verdict and an order denying a motion for a new trial. The action was to recover damages for the breach of a contract by which the plaintiff agreed to sell and deliver stone to the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July. 17, 1903, affirming a judgment in favor of plaintiff' entered upon a verdict and an order denying a motion for a new trial. The action was to recover damages for the breach of a contract by which the plaintiff agreed to sell and deliver stone to the defendant. The plaintifE claimed upon the trial that "under this contract there were eight thousand cubic yards of stone sold. The defendant claimed that the quantity was but five thousand cubic yards. The court construed the…
1Opinion of the CourtMartin, J.
Practically the only controversy between the parties necessary to be determined upon this appeal is the proper construction of the 'written agreement made by and between them for the purchase and sale of a quantity of. stone of not less than five thousand nor more than eight thousand cubic yards. The defendant received less than five thousand yards and refused to accept more. Therefore, the question is whether the plaintiff was entitled to recover damages for the defendant’s not having received stone to the amount of eight thousand yards, or whether the recovery should be limited to the…
2Cases cited3 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- A. B. Farquhar Co. v. New River Mineral Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Miller v. LeoAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Evans v. SackMassachusetts Supreme Judicial Court · 1946
- Homestake Mining Co. v. Washington Public Power Supply SystemDistrict Court, N.D. California · 1979