Legal Opinion

Caulkins v. . Hellman

New York Court of Appeals

Decided February 12, 1872PublishedCited by 37 opinions

Appeal from judgment of the General Term of the Supreme Court of the fourth department, affirming a judgment entered upon the verdict of the jury at the Circuit, and affirming an order denying a motion for a new trial. This action is brought to recover the value of certain wines and casks alleged to have been sold by plaintiff to- defendant. The contract for the sale of the wine was by parol.

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Appeal from judgment of the General Term of the Supreme Court of the fourth department, affirming a judgment entered upon the verdict of the jury at the Circuit, and affirming an order denying a motion for a new trial. This action is brought to recover the value of certain wines and casks alleged to have been sold by plaintiff to- defendant. The contract for the sale of the wine was by parol. The questions presented arose upon the charge of the court, and upon exceptions to the rejection of evidence. These are sufficiently set forth in the opinion. The contract was within the statute of…

1Opinion of the CourtRapallo, J.

The instructions to the jury as to the legal effect of the delivery of the wine at Blood’s Station in conformity with the terms of the verbal contract of sale, were clearly erroneous. ISTo act of the vendor alone, in performance of a contract of sale void by the statute of frauds, can give validity to such a contract.

Where a valid contract of sale is made in writing, a delivery pursuant to such contract at the place agreed upon for delivery, or a shipment of the goods in conformity with the terms of the contract, will pass the title to the vendee without any receipt or acceptance of the goods…

2Cases cited1 opinion

  1. Rodgers v. . PhillipsNew York Court of Appeals · 1869

3Cited by37 opinions

  1. Elliott v. HowisonSupreme Court of Alabama · 1906
  2. Cooke v. . MillardNew York Court of Appeals · 1875
  3. Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
  4. Brady v. . CassidyNew York Court of Appeals · 1887
  5. Werner v. . City of RochesterNew York Court of Appeals · 1896

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