Gibbs v. Nash
New York Supreme Court
Error from the Delaware common pleas. Gibbs sued Nash before a justice, and declared specially that the defendant, for the consideration of one dollar and twenty-five cents to be paid per head, agreed to deliver him his flock of sheep, supposed to consist of 72, excepting 10 or 12 which the defendant reserved, within the week then current.
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Error from the Delaware common pleas. Gibbs sued Nash before a justice, and declared specially that the defendant, for the consideration of one dollar and twenty-five cents to be paid per head, agreed to deliver him his flock of sheep, supposed to consist of 72, excepting 10 or 12 which the defendant reserved, within the week then current. That a certain account then existing and due from the defendant to the plaintiff was to apply in part payment, and a note was to be given for the balance, payable on the 1st of Feb. 1848. The plaintiff averred that he cancelled the account in pursuance of…
1Opinion of the Court
By the Court, Morehouse, J.
The principal question is whether the contract for the sheep was within the statute of frauds. (2 R. 13. 136, § 3.) That section declares that “ every contract for the sale of any goods, chattels or things in action, for the price of 50 dollars or more, shall be void, unless 1. A note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged thereby; or 2. Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action; or, 3. Unless the buyer shall, at the time, pay…
2Cases cited2 opinions
- Coles v. BowneNew York Court of Chancery · 1844
- Fry v. JonesSupreme Court of Pennsylvania · 1829
3Cited by6 opinions
- Wakefield v. GreenhoodCalifornia Supreme Court · 1866
- Levy v. RylandNevada Supreme Court · 1910
- Dewey v. HoagNew York Supreme Court · 1853
- Williams-Hayward Shoe Co. v. BrooksWyoming Supreme Court · 1901
- Reynolds v. Dunkirk & State Line RailroadNew York Supreme Court · 1854
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