Westmoreland Coal Co. v. Syracuse Lighting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Westmoreland Coal Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 20th day of August, 1912, upon the decision of the court after a trial before the court, a jury having been waived.
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Appeal by the plaintiff, Westmoreland Coal Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 20th day of August, 1912, upon the decision of the court after a trial before the court, a jury having been waived. Plaintiff sought to recover in this action the purchase price of two canal boat loads of coal shipped by it to the defendant, under a contract made by the two parties, of which the following is a copy: “Agreement made this Twenty-fourth day of April, A. D., 1906, between the Syracuse Lighting…
1Opinion of the Court
Robson, J.:
The parties to the contract above quoted contemplated that plaintiff in fulfillment of the contract would ship the coal therein mentioned by rail from plaintiff’s mines to Watkins, N. Y. It was to be there loaded on canal boats and thence taken by boat to Syracuse, N. Y., and there delivered alongside defendant’s dock as theretofore, plaintiff having furnished defendant with coal under prior contracts between the parties. The two boats with their loads of coal, which are the subject of this action, reached Syracuse and approached to within 300 or 400 feet of defendant’s dock, which…
2Cases cited3 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Magruder v. GageCourt of Appeals of Maryland · 1870
- Bigler v. . HallNew York Court of Appeals · 1873
3Cited by4 opinions
- J. L. Shultz & Co. v. De NoodAppellate Division of the Supreme Court of the State of New York · 1920
- Smiley Steel Co. v. SchmollAppellate Division of the Supreme Court of the State of New York · 1922
- Sidford & Greene, Inc. v. Wehmeyer Coal Co.New York Supreme Court · 1926
- Seaver v. Lindsay Light Co.New York Supreme Court · 1920