Vail and Adams v. . Rice
New York Court of Appeals
* Appeal from the general term of the Court of Common Pleas of the city of New York, where judgment had been entered upon a verdict in favor of the plaintiffs.
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* Appeal from the general term of the Court of Common Pleas of the city of New York, where judgment had been entered upon a verdict in favor of the plaintiffs. Vail and Adams, who survived Thompson, brought this action against the defendant, for the breach of a contract in writing, dated the 28th April 1847, for the sale of “ a lot of canal oats, say about 4000 bushels, more or less, at forty-seven cents per bushel, deliverable in all the month of May next, from boats, at or near the foot of Broad street, in this city (New York), cash on delivery.” On the trial of the cause, various…
1Opinion of the Court
The first exception is to a refusal of the court below to nonsuit the respondents, because they had not given sufficient evidence of their willingness to perform the contract on their part, nor of their ability to pay the contract price. The averment in the declaration, and which the respondents were bound to prove, was that they were ready and willing, c. The proof is full in respect to their willingness, and sufficient to carry the question to the jury of their readiness.
The next exception is to the charge of the court, made in the following words: "That to entitle the plaintiffs…
2Cited by7 opinions
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- McComb v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1930
- Deveso v. ChandlerAppellate Division of the Supreme Court of the State of New York · 1924
- Gleason v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
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