Brewster v. Taylor
The Superior Court of New York City
This is an action to recover the price of a wagon alleged, in the complaint, to have been “ sold and deliver eel ’ ’ by plaintiffs to the defendant for the agreed price of four hundred and seventy-five dollars.
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This is an action to recover the price of a wagon alleged, in the complaint, to have been “ sold and deliver eel ’ ’ by plaintiffs to the defendant for the agreed price of four hundred and seventy-five dollars. The answer denied the sale and delivery of the wagon, and sets up a special agreement, that the plaintiffs, having the wagon on hand, which was for one horse and shafts, and the defendant requiring a wagon with a pole for two horses, agreed with plaintiffs that they would take a pole belonging to defendant, taken from another wagon, and fit it to the wagon in question for the four…
1Opinion of the Court
*161An opinion was delivered on the motion for a new trial by the judge before whom it was tried, which was as follows:
Monell, Ch. J.
At the close of the plaintiffs’ evidence, the defendant moved to dismiss the complaint, on the ground that the contract not being in writing, and being for the sale of property exceeding fifty dollars in value, was void.
But the plaintiffs claimed, that the evidence showed a sufficient delivery and acceptance of the property, to take the case out of the statute.
The Court held the contract to be void under the statute, upon the broad ground that the proof of…
2Cases cited6 opinions
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Cross v. . O'DonnellNew York Court of Appeals · 1871
- Stone v. . BrowningNew York Court of Appeals · 1872
- Bradley v. . WheelerNew York Court of Appeals · 1871
- Outwater v. DodgeNew York Supreme Court · 1831
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