Grey v. Cary
New York Court of Common Pleas
Appeal from the judgment of a district court in the city of New York. The action was brought to recover the price of" a scale alleged by the plaintiff to have been sold and delivered by him to the defendants. The facts are stated in the opinion. At the trial the justice rendered judgment for the defendants. From the judgment the plaintiff appealed.
1Opinion of the CourtVan Hoesen, J.
The defendants made an oral contract with the plaintiff for the purchase of a scale of the Fairbanks’ patent, for the sum of sixty dollars. It is conceded that the .contract would be void, under the statute of frauds, unless there has been an acceptance and a receipt of the scale by the purchasers. The scale was seen and selected by the defendants before the purchase, so that there is no doubt of the acceptance. *364The difficulty is, that there was no receipt of the scale by the defendants. Had the scale been delivered to a common carrier, selected by either the plaintiff or the defendants, we…
2Cases cited1 opinion
- Hungate v. RankinIllinois Supreme Court · 1858
3Cited by2 opinions
- Vietor v. StroockNew York Court of Common Pleas · 1889
- Vietor v. StroockCity of New York Municipal Court · 1889