Booth v. . Bierce
New York Court of Appeals
This action was commenced in the Supreme Court to recover for a quantity of rye sold by the plaintiff to the defendants. The complaint alleges, that the rye was sold and delivered at the agreed price of seventy-five cents per bushel. The cause was referred to a referee, to hear and determine, and he found that there was no agreed price; that the market value was fifty cents per bushel, and gave judgment for the plaintiff, for the amount at that price.
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This action was commenced in the Supreme Court to recover for a quantity of rye sold by the plaintiff to the defendants. The complaint alleges, that the rye was sold and delivered at the agreed price of seventy-five cents per bushel. The cause was referred to a referee, to hear and determine, and he found that there was no agreed price; that the market value was fifty cents per bushel, and gave judgment for the plaintiff, for the amount at that price. The plaintiff appealed to the General Term, where the judgment was reversed and a new trial granted, and from this order the defendants have…
1Opinion of the CourtMason, J.
As the order reversing the judgment in this case and granting a new trial does not state that it was reversed upon questions of fact, the section of the Code declares, that it shall not be deemed to have been reversed upon questions of fact, and consequently, in this court we are, for the purpose of review, to assume the facts as found by the referee, and are only permitted to review the questions of law.
Assuming, as we must, from the findings of the referee, and as was assumed by the Supreme Court, that there was no meeting of the minds of the parties upon the price to be paid for the rye, 1…
2Cited by9 opinions
- Cutts v. . GuildNew York Court of Appeals · 1874
- Sherry v. ProalAppellate Division of the Supreme Court of the State of New York · 1909
- Yehle v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1943
- Franke v. HewittAppellate Division of the Supreme Court of the State of New York · 1900
- Durgin v. SmithMichigan Supreme Court · 1903
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