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Tipton v. Feitner
Court of Appeals of New York
20 N.Y. 423 (1859)
- Written by Sean Carroll, JD
Facts
The plaintiffs agreed to sell a certain amount of slaughtered hogs and a certain amount of live hogs to the defendant. There was no stipulation for credit in the transaction so it was presumed that payment was to be made on delivery. The slaughtered hogs were delivered, but the defendant did not pay. As a result, the plaintiffs did not deliver the live hogs. The plaintiffs brought suit to recover the contract price for the delivered slaughtered hogs. The district court held that the plaintiffs were entitled to recover the contract price for the slaughtered hogs minus the damages the defendant incurred for the plaintiffs’ failure to deliver the live hogs. The defendant appealed.
Rule of Law
Issue
Holding and Reasoning (Denio, J.)
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