Jackson v. Covert
New York Supreme Court
Error from the Seneca common pleas. In May, 1827, a contract was entered into, by which the intestate agreed to sell and Jackson to purchase a boat load of wheat, amounting to 1251 bushels, at 78 cents per bushel, to be delivered on board of Jackson’s boat at Kidder’s landing on the Cayuga lake. The contract was not in writing, no earnest was paid, nor was there at the lime of the contract a delivery of any part of the wheat.
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Error from the Seneca common pleas. In May, 1827, a contract was entered into, by which the intestate agreed to sell and Jackson to purchase a boat load of wheat, amounting to 1251 bushels, at 78 cents per bushel, to be delivered on board of Jackson’s boat at Kidder’s landing on the Cayuga lake. The contract was not in writing, no earnest was paid, nor was there at the lime of the contract a delivery of any part of the wheat. In July, 1827, Jackson appointed a day for (lie delivery, on which day Covert, sent 360 bushels of wheat to the landing; Jackson was not there to receive it, nor was his…
1Opinion of the Court
*141 By the Court,
Savage, Ch. J.
The court were right in overruling the two last points. The plaintiff below, it is true, would not have recovered more than $50 had the defendant submitted to the justice’s judgment; but when he appealed to the common pleas, that court was not limited in jurisdiction, and the plaintiffs were entitled to recover all the damages they could prove, if they were entitled to recover any thing. So, also, the plaintiff’s intestate was ready to deliver the whole quantity, and would have done so, but for the default of the defendant, who was not ready to receive the wheat.
The…
2Cited by13 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- E. B. Waples & Co. v. H. C. Overaker & Co.Texas Supreme Court · 1890
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Atwater v. HoughSupreme Court of Connecticut · 1861
- Hall v. HallMassachusetts Supreme Judicial Court · 1908
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