Bradley v. Wheeler
The Superior Court of New York City
This action was brought to recover the price of a quantity of hay sold by the plaintiffs to the defendants. The complaint alleged a sale and delivery of 1179 bales of good hay, and 30 bales of clover. The answer admitted the sale and delivery of 122 bales of hay, and 14 bales of clover, the price of which was admitted to be due to the plaintiffs. But denied every other allegation in the complaint. The action was tried before Justice Garvin and a jury.
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This action was brought to recover the price of a quantity of hay sold by the plaintiffs to the defendants. The complaint alleged a sale and delivery of 1179 bales of good hay, and 30 bales of clover. The answer admitted the sale and delivery of 122 bales of hay, and 14 bales of clover, the price of which was admitted to be due to the plaintiffs. But denied every other allegation in the complaint. The action was tried before Justice Garvin and a jury. It was proved on the part of the plain tiffs-that on the 8 th or 9th of December, 1863, a cargo of hay, belonging to the plaintiffs arrived in…
1Opinion of the Court
■Moneli, J.
'It is conceded that the contract was a sale and purchase of all the hay and clover on board of the barge, and that a portion of it was put on board the schooner, which, it is claimed by the defendants, was the place designated by them for the delivery, and was there accepted by the defendants.
In contracts for the sale of goods, which are divisible and capable of a separate physical performance, the clear weight of authority is, that a delivery and acceptance of part, renders the contract valid. (Seymour v. Davis, 2 Sandf. S. C. 239. Deming v. Kemp, 4 id. 147. McKnight v. Dunlop, 5…
2Cases cited1 opinion
- Olyphant v. BakerNew York Supreme Court · 1848
3Cited by1 opinion
- Van Woert v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1876