TIPTON V. FEITNER
20 N.Y. 423 (1859)
NATURE OF THE CASE: This was a dispute over the sale of hogs. Feitner (D) appealed a
judgment for Tipton (P) that P was entitled to recover the price of dressed hogs and which
deducted the damages which the buyer had sustained for the breach of the other part of the
contract.
FACTS: Tipton (P) agreed by parol to sell to D, 88 dressed hogs then at the slaughter
house 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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