Pardee v. . Kanady
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1882, which reversed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for an alleged breach of a contract.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1882, which reversed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for an alleged breach of a contract. The contract in question was made in February, 1875. By it defendants agreed to deliver to Pardee four hundred thousand feet of basswood lumber between April 1 and September 30,1875, at a stipulated price. On August 28, 1875, said parties entered into another contract by which defendants agreed to furnish and…
1Opinion of the CourtRapallo, J.
We think that the conclusions of the learned referee as to the construction and effect of the agreement of August 28, 1875, were correct.
This agreement was not a- modification of the previous agreement of February, 1875, nor a substitute therefor; nor did it operate to extend the time for the delivery of any part of the lumber agreed to be delivered during the season of 1875; but it was an independent contract to deliver four hundred thousand feet of lumber during the season of 1876, regardless of the cpiestion whether or not the four hundred thousand feet agreed to be delivered in 1875 were…
2Cases cited1 opinion
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
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- Baker v. StewartSupreme Court of Kansas · 1888
- Norcon Power Partners, L.P., Plaintiff-Counter-Defendant-Appellee v. Niagara Mohawk Power Corp., Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 1997
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