Ward v. Ward
Supreme Court of Minnesota
From an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial, defendant appealed. To constitute a delivery and acceptance of goods, within the meaning of the exceptions in the statute of frauds, something more than words is necessary. There must be Some act amounting to a transfer of the possession and ah acceptance thereof by the buyer.
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From an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial, defendant appealed. To constitute a delivery and acceptance of goods, within the meaning of the exceptions in the statute of frauds, something more than words is necessary. There must be Some act amounting to a transfer of the possession and ah acceptance thereof by the buyer. Shindler v. Houston, 1 N. Y. 261; Brabin v. Hyde, 32 N. Y. 519; Bodgers v. Phillips, 40 N. Y. 519; Caulkins v. Heilman, 47 N. Y. 449; Stone v. Browning, 51 N. Y. 211, 68 N. Y. 598; Good v. Curtiss, 31 How. Pr. 4; Ham v.…
1Opinion of the CourtCollins, J.
Action to recover the reasonable value of certain goods, wares and merchandise alleged to have been sold and delivered by plaintiff to defendant, of the value of $1,064.40. Plaintiff had a verdict for $439.86.
According to the bill of particulars, these articles were sold in three separate lots or parcels, — one upon December 2, 1894, which was Sunday; another upon January 20 following, which was also Sunday; and the third upon April 7 following. Each of these lots or parcels was of a value exceeding $50; all of the sales were made verbally, if at all; none of the articles were delivered at…
2Cases cited1 opinion
- Boynton v. PageNew York Supreme Court · 1835
3Cited by10 opinions
- Shubert Theatrical Co. v. RathCourt of Appeals for the Second Circuit · 1921
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
- Pulitzer Publishing Co. v. McNicholsMissouri Court of Appeals · 1913
- State v. FassSupreme Court of New Jersey · 1961
- State v. WeissSupreme Court of Minnesota · 1906
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