Wolfert v. . Caledonia Springs Ice Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 31, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 31, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff cannot recover upon a breach of the contract because he accepted the ice delivered each day and paid for it and his right to complain does not survive acceptance and payment. (Hargous v. Stone, 5 N. Y. 86; C. I. Co. v. Pope, 108 N. Y. 236; Weil v. W. E. D.,…
1Opinion of the CourtChase, J.
On the 15th day of March, 1906; the plaintiff was a retail dealer in ice at Rochester, E. Y., and the defendant a wholesale dealer in ice, having its houses in which the ice was stored about five miles from said city. On that day they entered into a contract by which the defendant agreed to sell, and the plaintiff to purchase, 1,222 tons of ice to be delivered “ Between this day (the date of the contract) and the first day of January, 1907, at their (defendant’s) yards, 205 Troup street, Rochester, N. Y., in such quantity and at such times daily as the party of the second part (plaintiff) may…
2Cases cited5 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Cahen v. . PlattNew York Court of Appeals · 1877
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
- Pope v. . PorterNew York Court of Appeals · 1886
3Cited by13 opinions
- New York Life Insurance v. ViglasSupreme Court of the United States · 1936
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
- N. Am. Dredging Co. of Nevada v. Outer Harbor Dock & Wharf Co.California Supreme Court · 1918
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