O'Rourke v. . Hadcock
New York Court of Appeals
Appeal from, judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 20, 1886, which affirmed a judgment in favor of the defendant, entered upon the report of a referee. On the 31st day of May, 1873, the plaintiff was the owner -of the canal boat “Jay Pettibone,” its tackle and furniture and four mules and their harnesses, then used in towing the boat.
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Appeal from, judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 20, 1886, which affirmed a judgment in favor of the defendant, entered upon the report of a referee. On the 31st day of May, 1873, the plaintiff was the owner -of the canal boat “Jay Pettibone,” its tackle and furniture and four mules and their harnesses, then used in towing the boat. On that day a written contract was entered into between the parties, by which plaintiff agreed to sell to defendant this property for $6,000, which the defendant agreed to pay in twelve equal…
1Opinion of the Court
Follett, Ch. J.
The referee by his decision, in effect, finds that the plaintiff elected to affirm the contract of sale and collect the amount due upon it. The plaintiff’s conduct was entirely consistent with this theory, and utterly inconsistent with the plaintiff’s present theory, that he disaffirmed the contract of sale and relied upon his title reserved by the contract. The plaintiff advertised that, by virtue of the contract and chattel mortgage, he would sell by public auction, July 7,1876, all of the property described in these instruments, and again, that he would sell the property by…
2Cases cited1 opinion
- Hutchings v. . MungerNew York Court of Appeals · 1869
3Cited by9 opinions
- Tompkins v. . Fonda Glove Lining Co.New York Court of Appeals · 1907
- Earle v. Gorham Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
- People's Furniture & Carpet Co. v. CrosbyNebraska Supreme Court · 1898
- French v. RowNew York Supreme Court · 1894
- Cable Co. v. WasegizigMichigan Supreme Court · 1902
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