Tipton v. Feitner

20 N.Y. 423 (1859)

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Nature of the Case

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Facts

Tipton (P) agreed by parol to sell to D, 88 dressed hogs then at the slaughterhouse of a third party at 7 cents per pound, and certain live hogs of P's that were then on their way from Ohio for 5.25 cents per pound live weight. The dressed hogs were to be delivered on the sale date with the rest upon arrival. The dressed hogs were delivered but not paid for, and the others arrived five days later and were not delivered but slaughtered and sold to other parties. P sued D. D claimed that P could not recover on the dressed hogs as it failed to deliver the live ones. The referee held that P was entitled to damages less the cost of D's damages for failure to deliver the live hogs. P was awarded a net of $780.38. D appealed.