Dows v. Durfee
New York Supreme Court
This cause was referred to referees to hear and decide ; and they having reported in favor of the plaintiff §4,457,96, the defendants moved to set aside the report.
1Opinion of the Court
By the Court, Mitchell J.
On the 21st of May, 1844, the defendant Durfee, residing at Buffalo, wrote to the plaintiffs, in the city of New-York, to buy potashes for him and Spencer, (who lived near Lockport,) to the amount of §20,000, at $4,81 to $4,38 per 100 lbs., and to commence the purchase and advise them at once, that they might send the funds to the plaintiffs. On the 27th of the same month, both defendants joined in a similar letter to the plaintiffs, and instructed the plaintiffs to direct their letters on this subject to Mr. Durfee. The plaintiffs made no proof of the purchase or…
2Cases cited1 opinion
- Philips v. BeldenNew York Court of Chancery · 1833
3Cited by6 opinions
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- Fleischner, Mayer & Co. v. KubliOregon Supreme Court · 1891
- Regents of the University of Michigan v. RoseMichigan Supreme Court · 1881
- Bigelow v. McMillinAppellate Division of the Supreme Court of the State of New York · 1937
- Little v. McClainAppellate Division of the Supreme Court of the State of New York · 1909
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