Sanford v. Brown Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Pierson E. Sanford, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 4th day of January, 1909, upon the verdict of a jury for $236.38 rendered by direction of the court, and also from an order entered in said clerk’s office on the 5th day of January, 1909, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintiff ordered from the defendant the following kinds and quantities of young peach trees: Five hundred Elbertas, 500 Old Mixon, 500 Bed Cheek Melocotón, 500 Susquehanna^ 1,000 Crawford Late, 500 Beer Schmock; and the defendant delivered 3,500 trees, labeled to conform to the order. They were set out and cultivated by-the plaintiff until they commenced to bear fruit, when it was discovered that, of the kinds ordered, only 480 Elbertas, 139 Late Crawfords, and 87 Beer Schmock trees had actually been delivered, and that the others, over 2,700 trees out of an order of 3,500,…
2Cases cited6 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- White v. . MillerNew York Court of Appeals · 1877
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Schoellkopf v. . CoatsworthNew York Court of Appeals · 1901
- Sycamore Marsh Harvester Manufacturing Co. v. SturmNebraska Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Austin v. Brown Bros.Idaho Supreme Court · 1917
- De Clow v. HaverkampAppellate Division of the Supreme Court of the State of New York · 1921
- Whipple v. Brown Bros.Appellate Division of the Supreme Court of the State of New York · 1915
- Wood v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1914