McKnight v. . Dunlop
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fourth district, where a judgment entered upon a verdict in favor of the plaintiff, in a suit in the Mayor’s Court of Albany, had been affirmed. (For a former report of this case, see 4 Barb. 537.) This was an action of assumpsit, by McKnight against Dunlop, for the breach of a contract to deliver 5000 bushels of old barley malt. The defendant pleaded the general issue, and gave notice of special matter.
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Appeal from the general term of the Supreme Court, in the fourth district, where a judgment entered upon a verdict in favor of the plaintiff, in a suit in the Mayor’s Court of Albany, had been affirmed. (For a former report of this case, see 4 Barb. 537.) This was an action of assumpsit, by McKnight against Dunlop, for the breach of a contract to deliver 5000 bushels of old barley malt. The defendant pleaded the general issue, and gave notice of special matter. In June 1844, the plaintiff made a contract with the defendant, *for the purchase of 5000 bushels of old barley malt; the price to be…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is objected on the part of the defendant to the plaintiff's recovery, that the delivery of part of the malt after the time of making the contract, did not take it out of the statute of frauds. The Revised Statutes, (2 V. 136, sec. 3,) provide that every contract for the sale of any goods, c., for the price of $50 or more, shall…
2Cited by38 opinions
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- Cross v. . O'DonnellNew York Court of Appeals · 1871
- Avery v. . WillsonNew York Court of Appeals · 1880
- Hawley v. . KeelerNew York Court of Appeals · 1873
- Alabama Oil Pipe Line Co. v. the Sun Co.Texas Supreme Court · 1906
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