From Casetext: Smarter Legal Research

Wells v. Alexandre

Court of Appeals of the State of New York
Dec 1, 1891
29 N.E. 142 (N.Y. 1891)

Summary

In Wells v. Alexandre, 130 N.Y. 642, 29 N.E. 142, 15 L.R.A. 218, the court held that the sale of steamers after making a contract for the supply of coal to them for one year did not relieve the original owners from the obligation to take the coal that the ordinary and accustomed use of the steamers required.

Summary of this case from Texas Industries v. Brown

Opinion

Argued October 13, 1891

Decided December 1, 1891

Geo. Bethune Adams for appellant.

Lewis Cass Ledyard for respondents.



PARKER, J., reads for reversal.

All concur, except HAIGHT, J., dissenting.

Judgment reversed.


Summaries of

Wells v. Alexandre

Court of Appeals of the State of New York
Dec 1, 1891
29 N.E. 142 (N.Y. 1891)

In Wells v. Alexandre, 130 N.Y. 642, 29 N.E. 142, 15 L.R.A. 218, the court held that the sale of steamers after making a contract for the supply of coal to them for one year did not relieve the original owners from the obligation to take the coal that the ordinary and accustomed use of the steamers required.

Summary of this case from Texas Industries v. Brown

In Wells v. Alexandre, the quantity, quality and price of the coal were definite and the times within which deliveries were to be begun and finished were specifically stated.

Summary of this case from Wheeling Steel Co. v. Evans

In Wells v. Alexandre (130 N.Y. 642) the court speaks of a readiness to infer things needful to supplement express terms if "any other construction would make the contract unreasonable and place one of the parties entirely at the mercy of the other."

Summary of this case from Ehrenworth v. George F. Stuhmer Company, Inc.

In Wells v. Alexandre (130 N.Y. 642) the defendants agreed to purchase from the plaintiff at a certain specified price all coal necessary for the use of certain steamships running on a steamship line between New York and Cuba, of which they were the owners during the year 1888. During that year the defendants sold the said steamers and ceased to operate them.

Summary of this case from Hearn v. Charles A. Stevens & Bro.
Case details for

Wells v. Alexandre

Case Details

Full title:MARGARET WELLS, Appellant, v . FRANCIS ALEXANDRE et al., Respondents

Court:Court of Appeals of the State of New York

Date published: Dec 1, 1891

Citations

29 N.E. 142 (N.Y. 1891)
29 N.E. 142
41 N.Y. St. Rptr. 334

Citing Cases

William C. Atwater Co. v. Terminal Coal Corp.

The contract in suit was executed in New York and consequently the law of that jurisdiction governs its…

Wheeling Steel Co. v. Evans

To allow the Evans Marble Company to escape its obligation to accept and pay for the 100 tons of tack plate…