M. & E. Solomon Tobacco Co. v. Cohen
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1904, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1904, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury and granting a new trial. The trial court found that on the 10th of June, 1890, the defendants sold to the plaintiff 37 bales of Sumatra tobacco at $2.25 a pound, including estimated duty, pursuant to a written contract made for and in behalf of the defendants by their duly authorized brokers, of which the following is a copy : “ Mew York, June 10/90. “ Sold to M. &…
1Opinion of the CourtVann, J.
The question presented for decision is what did the parties mean by their brief memorandum in view of all the circumstances surrounding them when they made it % The question is close, for the courts below divided in judgment upon it and we are compelled to decide by the vote of a majority. The parties might well have been more explicit in their contract and not have left to implication that which could have been expressly stated by the use of one or two additional words. Tt is not for us, however, to criticise but to decide, and in announcing our decision in favor of the plaintiff we state…
2Cited by7 opinions
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- Friend v. RosenwaldAppellate Division of the Supreme Court of the State of New York · 1908
- Ideal Cement Company v. United Gas Pipe Line Company, Scott Paper Company v. United Gas Pipe Line CompanyCourt of Appeals for the Fifth Circuit · 1960
- Lucas v. PanosWashington Supreme Court · 1937
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