Main v. King
New York Supreme Court
Error to the New-York common pleas, where King recovered a judgment of $425,67 and costs against T. H. Main and R P. Main, the plaintiffs in error, for money paid by King upon a contract with them for the purchase of $1000 worth of eggs, and which contract the defendants had rescinded and refused to perform. The facts are stated in the opinion of the court.
1Opinion of the Court
By the Court, Mitchell, J.
Main agreed to supply King with $1000 worth of good fresh eggs at the rate of 9 eggs for 12-2 cents. $100 was paid down by King, and $300 afterwards. King was to look the eggs over, and then they were to be delivered to him. Fresh eggs mean such as are naturally so, not those that are preserved by artificial means. Durham, acting for King, went to Main’s store, looked over one barrel and commenced on a second, when he found preserved eggs in it. He told King of this, and that led to a dispute between King and Main—Main saying they were fresh, King that they were not.…
2Cited by3 opinions
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