Barkley v. . Rensselaer and Saratoga R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered on the report of a referee. This action was brought to recover a balance alleged to be due on the sale of a quantity of wood.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered on the report of a referee. This action was brought to recover a balance alleged to be due on the sale of a quantity of wood. In 1870, one Rising, plaintiff’s assignor, and one Wilson, who was the wood measurer of defendant authorized to purchase, measure and accept wood for it, entered into a parol agreement by which Rising agreed to sell and, deliver to defendant 2,000 cords of wood at $4.50 per cord, to be delivered at Rupert. During the year…
1Per curiam
It is conceded that Wilson was authorized by the defendant to make the contract with Rising for the purchase of the 200 cords of wood. By the contract, which was verbal, Rising was to deliver the wood at the defendant's yard at Rupert, subject to inspection and measurement by the ’ defendant; and a portion of the wood was to be delivered more than a year after the contract was made. The contract for this reason was void by the statute of frauds. But Rising delivered the wood at the place fixed by the con-, tract, and if the defendant accepted it, it was bound to pay for it at the…
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- David Taylor Co. v. Fansteel Products Co.Appellate Division of the Supreme Court of the State of New York · 1932
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