Wheeler v. Britton
New York Supreme Court
Appeal from Richmond county court. Action by Walter M. Wheeler and others against Elizabeth A. Britton for failing to accept ice sold. Plaintiffs’ proposition of sale was as follows; “I will deliver you not less than three thousand and five hundred tons of ice, and four thousand if it holds out that much, along-side of dock at Staten island, * * * at three dollars per ton.” Plaintiffs’ ice was contained in ice-houses near Troy.
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Appeal from Richmond county court. Action by Walter M. Wheeler and others against Elizabeth A. Britton for failing to accept ice sold. Plaintiffs’ proposition of sale was as follows; “I will deliver you not less than three thousand and five hundred tons of ice, and four thousand if it holds out that much, along-side of dock at Staten island, * * * at three dollars per ton.” Plaintiffs’ ice was contained in ice-houses near Troy. Defendant replied by letter: “Am in receipt of your letter of this date offering to deliver 3,500 to 4,000 tons of good ice, if the houses hold that amount, along-side…
1Opinion of the CourtBarnard, P. J.
The plaintiffs aver in their complaint, for a cause of action against the defendant, that she agreed with the plaintiffs in July, 1889, to buy of them from 3,500 to 4,000 tons of ice at $3 per ton on the dock at Staten Island; that the plaintiffs agreed to sell and deliver that amount at said price; that after about 1,500 tons were delivered the defendant refused further to carry out the contract; that the breach of contract on her part occasioned a loss to the plaintiffs of $3,000. The defendant, by her answer, put in issue the contract as stated; that the ice was to be taken from an…
2Cases cited1 opinion
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
3Cited by3 opinions
- DeGrasse Paper Co. v. Northern New York Coal Co.Appellate Division of the Supreme Court of the State of New York · 1919
- A. B. Farquhar Co. v. New River Mineral Co.Appellate Division of the Supreme Court of the State of New York · 1903
- A. B. Farquhar Co. v. New River Mineral Co.New York Supreme Court · 1903