Marschall v. Eisen Vineyard Co.
New York Court of Common Pleas
Appeal from city court, general term. Action by August MarschaU and others against the Eisen Vineyard Company for damages for breach of contract. From a judgment of the city court (21 N. Y. Supp. 468) affirming a judgment entered on a verdict in favor of plaintiffs, defendant appeals. Reversed.
1Opinion of the CourtPryor, J.
The action is for damages for breach of an executory contract to sell a car load of sherry. The answer denies the contract; and whether there was a valid contract is the question for decision. To the validity of the contract, a memorandum of its terms was requisite under the statute of frauds; and such memorandum, the plaintiffs contend, is furnished by the following series of telegrams between the parties: On June 27th, the plaintiffs,, in New York, wired the defendants, in San Francisco: “Will you ship us one or two carloads of sherry?” On June 28th, the defendants answered: “Can furnish…
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- Sidney Glass Works v. A. S. Barnes & Co.New York Supreme Court · 1895
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