Jones v. Fowler
The Superior Court of New York City
The action was to recover the difference between the contract price of certain bales of cotton and the price obtained on a sale thereof after tender of a delivery and a refusal to accept. The plaintiffs proved that the contract of sale was made on the 21st day of November, 1867. The bought and sold notes of the parties were read in evidence. The following is a copy of the sold note: “New York, November 21, 1867. “Sold for Messrs. Freeman, Johnson & Co., “ To Messrs.
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The action was to recover the difference between the contract price of certain bales of cotton and the price obtained on a sale thereof after tender of a delivery and a refusal to accept. The plaintiffs proved that the contract of sale was made on the 21st day of November, 1867. The bought and sold notes of the parties were read in evidence. The following is a copy of the sold note: “New York, November 21, 1867. “Sold for Messrs. Freeman, Johnson & Co., “ To Messrs. Fowler Brothers, “The following cotton, including sound rebaled, viz.: “Marks.- No. of Bales. Stipulation. Price per lb.…
1Opinion of the Court
By the court, Monell, J.
There were no disputed facts in this case, and therefore no question for the jury. The main facts were-sufficiently established, and the only question to be examined is, whether upon such facts.the direction of the learned justice was correct. The contract of sale was made on the 21st of November. On that day, and again on the next day, the defendants demanded a delivery. The cotton was not delivered, for the reason that it had not been discharged from the vessel. On the 25th a delivery was tendered and refused.
The contract did not specify any time for the delivery,…
2Cited by3 opinions
- Jaffray v. NastNew York Supreme Court · 1890
- Palen v. HaakeThe Superior Court of New York City · 1888
- White v. TalmageThe Superior Court of New York City · 1873