McEachron v. Randles
New York Supreme Court
THIS was an appeal from a judgment of the county court of Washington county. The action was commenced in a justice’s court. The plaintiff alleged, in his complaint, that on the 1st of June,' 1859, he contracted to sell, and did sell, to the defendant, twenty-four lambs, at $2 each, to be taken away by or before the last day of August thereafter.
Read the full summary
THIS was an appeal from a judgment of the county court of Washington county. The action was commenced in a justice’s court. The plaintiff alleged, in his complaint, that on the 1st of June,' 1859, he contracted to sell, and did sell, to the defendant, twenty-four lambs, at $2 each, to be taken away by or before the last day of August thereafter. That on the 6th day of July, 1859, the defendant took away five of them, paying $10 therefor, and that he neglected and refused to take away the remainder, by or before the last day of August, or afterwards. That on the 15th of September, 1859, the…
1Opinion of the Court
By the Court, Rosekrans, J.
If the vendee of goods, which, by the terms of the contract of sale, are to be delivered and paid for at a specified time, does not tender the price and take the goods within the time agreed upon, the vendor may request the vendee to pay for and take the goods, and in case of his refusal may abandon and rescind the contract and dispose of the goods as if no contract had been made; or he may, on due notice to the vendee, resell the goods, as the property of the vendee, and recover of the vendee the sum lost by the resale, together with the expenses of keeping the…
2Cases cited2 opinions
- Bement v. SmithNew York Supreme Court · 1836
- Platt v. StorerNew York Supreme Court · 1810
3Cited by7 opinions
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Green v. AnsleySupreme Court of Georgia · 1893
- James v. AdamsWest Virginia Supreme Court · 1880
- Redmond v. SmockIndiana Supreme Court · 1867
- Challenge Corn-Planter Co. v. DielNew York Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.