Coplay Iron Co. (Ltd.) v. Pope
New York Court of Appeals
Appeal from judgment of the Court of Common Pleas in and for the city and county of New York, entered upon an order made April 20, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the price of five hundred tons of pig iron sold and delivered by the plaintiff to the defendants.
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Appeal from judgment of the Court of Common Pleas in and for the city and county of New York, entered upon an order made April 20, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the price of five hundred tons of pig iron sold and delivered by the plaintiff to the defendants. In their answer, by way of counter-claim, the defendants allege that they are dealers in iron and are not engaged as manufacturers or consumers thereof ; that on or about the 8th day of December, 1879, the plaintiff sold and agreed to deliver to them nine…
1Opinion of the CourtEarl, J.
We must assume that the sale of iron alleged in the defendants’ counter-claim was an executory sale, as that is the fair and just inference from the facts alleged. The plaintiff was a manuf acturer of iron, and the contract of sale was made on the 8th day of December, 1879. It covered nine hundred tons of iron, and it was to be delivered in the future as and when the defendants ordered it to make delivery. There is no allegation that the plaintiff at the time of this sale had the identical nine hundred tons of iron on hand, or that that quantity was separated from other iron. It would be…
2Cases cited1 opinion
- Hargous v. . StoneNew York Court of Appeals · 1851
3Cited by49 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Lumbrazo v. WoodruffNew York Court of Appeals · 1931
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