Wells v. Alexander

Superior Court of New York

Wells v. Alexander

3 N.Y.S. 122, 1888 N.Y. Misc. LEXIS 501

CourtThe Superior Court of the City of New York and Buffalo

DecidedNovember 23, 1888

StatusPublished

This text of 3 N.Y.S. 122 (Wells v. Alexander) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wells v. Alexander, 3 N.Y.S. 122, 1888 N.Y. Misc. LEXIS 501 (superctny 1888).

Pincite

Opinion

FreEdman, J.

The complaint set forth establishes a contract by which the-sellers became bound to deliver and the purchasers became bound to receive and pay for the coal mentioned, so far as the three steamers specifically mentioned are concerned. The price was fixed, and the duration of the contract limited to the period commencing January 1, 1888, and ending December 31, 1888. As to the quantity, the implication is that the contract was to cover all the coal required by the said three steamers during the year 1888. The only objection offered relates to such other steamers as defendants might wish to add. The contract being as stated, the defense demurred to is controlled by the authorities, which hold that contract rights cannot be terminated ora abridged by voluntary transfer of interest. The plaintiff is entitled to judgment on demurrer to the second defense contained in defendant’s answer, with-costs.

Free access — add to your briefcase to read the full text and ask questions with AI

FreEdman, J.

The complaint set forth establishes a contract by which the-sellers became bound to deliver and the purchasers became bound to receive and pay for the coal mentioned, so far as the three steamers specifically mentioned are concerned. The price was fixed, and the duration of the contract limited to the period commencing January 1, 1888, and ending December 31, 1888. As to the quantity, the implication is that the contract was to cover all the coal required by the said three steamers during the year 1888. The only objection offered relates to such other steamers as defendants might wish to add. The contract being as stated, the defense demurred to is controlled by the authorities, which hold that contract rights cannot be terminated ora abridged by voluntary transfer of interest. The plaintiff is entitled to judgment on demurrer to the second defense contained in defendant’s answer, with-costs.

Cite This Page — Counsel Stack

Bluebook (online)

3 N.Y.S. 122, 1888 N.Y. Misc. LEXIS 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-alexander-superctny-1888.