Mead v. Degolyer
New York Supreme Court
Error from, the Albany mayor’s court. Degolyer sued’ Mead in the mayor’s court, declared against him in assumpsit for goods sold and delivered, and proved the delivery of 105,768 feet of sawed timber, and the admission of the defendant, that he had agreed to pay for it, $11 per 1000 feet.
Read the full summary
Error from, the Albany mayor’s court. Degolyer sued’ Mead in the mayor’s court, declared against him in assumpsit for goods sold and delivered, and proved the delivery of 105,768 feet of sawed timber, and the admission of the defendant, that he had agreed to pay for it, $11 per 1000 feet. It appeared in the course of the trial, that on the 12th January, 1832, a written contract under seal was entered into between the parties, whereby Degolyer agreed to deliver to Mead a quantity of sawed timber, particularly described in a schedule attached to the contract, amounting to 129,431 feet, on or…
1Opinion of the Court
By the Court, Bronson, J.
The offer made by the defendant below for the purpose of effecting a settlement, was rejected by the plaintiff, and must therefore be laid out of the case.
The change which the defendant consented to make in the price to be paid for the timber, only modified the written contract in that particular. .In all other respects the agreement, and the rights of the parties under it, remained unaltered. The delivery of the whole quantity of timber, and by the specified time, continued, as they were before, to be conditions precedent to the plaintiff’s right to the price; except…
2Cases cited2 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Champlin v. RowleyNew York Supreme Court · 1835
3Cited by36 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Walker v. BrownIllinois Supreme Court · 1862
- Avery v. . WillsonNew York Court of Appeals · 1880
- Wright v. McKeeSupreme Court of Vermont · 1864
- Dunbier v. DayNebraska Supreme Court · 1882
31 more not listed; retrieve them via the Exa API.