Hamilton v. Ganyard
New York Court of Appeals
Action in the Supreme Court to recover damages for the breach of a contract made by the defendant with the plaintiff’s assignors, Smith and Mathews, of which the following is a copy: “ $50. Received from Smith & Mathews, fifty dollars, on account of my crop of corn now growing on about thirty acres of ground, to be delivered to them in Rochester, in merchantable order, any time after the first day of January next, and before the first day of May next, at fifty cents per…
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Action in the Supreme Court to recover damages for the breach of a contract made by the defendant with the plaintiff’s assignors, Smith and Mathews, of which the following is a copy: “ $50. Received from Smith & Mathews, fifty dollars, on account of my crop of corn now growing on about thirty acres of ground, to be delivered to them in Rochester, in merchantable order, any time after the first day of January next, and before the first day of May next, at fifty cents per bushel of sixty pounds. Dated, Rochester, August 26, 1858. (Signed) Enos Ganyard.” • The breach alleged was a refusal to…
1Opinion of the CourtSmith, J.
The construction of the contract adopted at the Circuit is correct. The defendant agreed to deliver his then growing crop of corn, at a future day, in good merchantable order. The term “ good merchantable order,” as thus used, necessarily implies that the corn was to be of merchantable quality. In other words, the parties expressly bargained for a merchantable commodity. (See Reed v. Randall, 29 N. Y. 358.)
But -if, as the defendant insisted in the court below, the terms used related merely to the condition of the corn, and *47did not include its quality, then this implies an agreement that the…
2Cases cited2 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
3Cited by4 opinions
- Ideal Wrench Co. v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Keeler v. VandervereNew York Supreme Court · 1871
- Cullen v. BimmOhio Supreme Court · 1881
- Larrowe v. LewisNew York Supreme Court · 1887