Courtright v. Stewart
New York Supreme Court
APPEAL from a judgment of the Albany mayor’s court. The facts which appeared upon the trial in the court below, were as follows: In October, 1851, the defendant, having procured a plan and specification of three buildings to be prepared, invited the plaintiff and several other builders to submit estimates for performing the work and furnishing materials.
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APPEAL from a judgment of the Albany mayor’s court. The facts which appeared upon the trial in the court below, were as follows: In October, 1851, the defendant, having procured a plan and specification of three buildings to be prepared, invited the plaintiff and several other builders to submit estimates for performing the work and furnishing materials. The plaintiff submitted a proposition in the following terms: “The subscriber proposes to furnish materials and complete the carpenter’s work and turning, according to the plan and specification drawn by Woollet, for three buildings and…
1Opinion of the Court
By the Court,
Harris, J.
It is not easy to prescribe a test by which to determine, in every case, whether a contract is *457for the sale of goods, and therefore within the statute of frauds, or, for work, labor and materials, and so, not within the statute. In the earlier cases it was held that where any thing remained to be done to the subject of sale, the contract was not within the operation of the statute, but was a contract for work and labor. Thus, in Towers v. Osborne, (1 Strange, 506,) the contract was for the sale of a coach which was yet to be made by the vendor; and, in Clayton v.…
2Cases cited2 opinions
- Crookshank v. BurrellNew York Supreme Court · 1820
- Downs & Skillinger v. RossNew York Supreme Court · 1840
3Cited by14 opinions
- Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
- Donovan v. WillsonNew York Supreme Court · 1857
- Eagle Paper Box Co. v. Gatti-McQuade Co.Appellate Terms of the Supreme Court of New York · 1917
- Pitkin v. NoyesSupreme Court of New Hampshire · 1869
- Blewitt v. OlinCity of New York Municipal Court · 1888
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