Roberts v. Benjamin

Citations

• 124 U.S. 64
• 8 S. Ct. 393
• 31 L. Ed. 334
• 1888 U.S. LEXIS 1836

Syllabus

<p>In an action at law in a Circuit Court of the United States in New York, an order was made, referring the action to a referee “ to determine the issues therein.” He filed his report finding facts and conclusions of law, and directing that there be a money judgment for the plaintiff. The defendant, applied to -the court for a new trial on a “ cáse arid exceptions,” in winch he excepted to three of the conclusions of law. The court denied the application and directed that ''judgment he entered . “pursuant to the report of the referee,” which was done. On a writ of error from this court: Held, that the only questions open to review here . were, whether there was any error of law in the judgment, on the facts found by the referee; and that, as the case had not been tried by the Circuit Court on a filing of a waiver in writing of a trial by jury, this court could not review any exceptions to the admission or exclusion of evidence, or any exceptions to findings of fact by the referee, or to his refusal to find facts as requested.</p> <p>The defendant agreed to make for the plaintiff 400 tons of iron, and to ship it about September 1st, or as soon as he could manufacture it, for $19.50 per ton. He did not deliver any of it at or about that date, nor as soon as he had manufactured the required amount. The referee found that the defendant “ postponed the execution of the contract from time to time,” and that, on November 7th, he insisted, as conditions of delivering the iron, on certain provisions not contained in the original agreement. The plaintiff did not comply with those conditions, and the iron was not delivered. The referee found that the market value of such iron, on November 7th, was $34 per ton, and did not find what the market value of such iron was at any other time. In a suit by the plaintiff against the defendant to recover damages for a breach of the contract, he was allowed $14.50 per ton. On a writ of error: Held,</p> <p>(1) The postponement of the execu