Quick v. . Wheeler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered on a verdict, and affirming an order denying a motion for a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The contract was not mutual and did not create any obligation or operate as a sale.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered on a verdict, and affirming an order denying a motion for a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The contract was not mutual and did not create any obligation or operate as a sale. (Bouvier’s Law Dictionary ; Story on Contracts, § 35; Story on Sales, §§ 124, 125; Tuttle v. Love, 7 J. R, 470; TucJcer v. Woods, 12- id., 190.) Should the second part of the agreement be treated as a mutual and…
1Opinion of the CourtEarl, J.
This action was brought to recover the price of a quantity of tie timber which the plaintiff claimed to have sold and delivered to the defendant. The plaintiff recovered, and his judgment having been affirmed at the General Term, the defendant appealed to this court.
The timber is claimed to have been delivered under a written contract with the defendant, which was executed August 2, 1873. It provided first for the sale and delivery by the plaintiff to the defendant of 5,000 feet of such timber. That part of the contract was fully performed by both parties. It then provided as follows : “And…
2Cases cited1 opinion
- Dustan v. . McAndrewNew York Court of Appeals · 1870
3Cited by19 opinions
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Moore v. . PotterNew York Court of Appeals · 1898
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Rankin v. Mitchem.Supreme Court of North Carolina · 1906
- General Electric Co. v. National Contracting Co.New York Court of Appeals · 1904
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