Stanley v. Dryer
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, rendered in favor of the defendant.
1Dissent
Delany, J. (dissenting).
I dissent. The written agreement between the parties provided that the plaintiff should receive his commission on delivery of the carriages which defendant contracted to furnish. The language is, “ payment to 'be made as soon as carriages are delivered.” All that was to have been done on the part of plaintiff had been performed — the only question was the time when he was to ■have been paid for his services. The testimony showed that they (the carriages) were delivered, but seemingly rejected because it was claimed they were not according to sample. The defendant was…
2Cases cited2 opinions
- Drew v. . SwiftNew York Court of Appeals · 1871
- Lippert v. Saginaw Milling Co.Wisconsin Supreme Court · 1901