Calkins v. Falk
New York Supreme Court
APPEAL from judgment entered in a decision made at the circuit. .The action was brought to recover damages for the breach of an alleged executory agreement to sell to the plaintiff’s assignor, James E. Sutphen, a quantity of hops, and was tried at the Schoharie circuit in ¡November 1861, without a jury. The defendant, by his answer, denied the making of the agreement, and also set up as a defense, that the contract if made, was void by the statute of frauds.
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APPEAL from judgment entered in a decision made at the circuit. .The action was brought to recover damages for the breach of an alleged executory agreement to sell to the plaintiff’s assignor, James E. Sutphen, a quantity of hops, and was tried at the Schoharie circuit in ¡November 1861, without a jury. The defendant, by his answer, denied the making of the agreement, and also set up as a defense, that the contract if made, was void by the statute of frauds. The evidence of the contract consisted in certain written instruments. The writing signed by the defendant was in the words following,…
1Opinion of the Court
By the Court,
Miller, J.
It is claimed by the defendant's counsel that the contract introduced in evidence was void by the statute of frauds. That statute provides that every contract for the sale of any goods, chattels or things in action for the price of fifty dollars or more shall be void unless a memorandum of such contract be made in writing and be subscribed by the parties to be charged thereby. (2 R. S. 135, § 3.) The signing of the memorandum by the vendor is a sufficient compliance with the statute. (Worrall v. Munn, 1 Seld. 229. Russell v. Nicoll, 3 Wend. 112. Davis v. Shields, 26 id.…
2Cases cited1 opinion
- Russell v. NicollNew York Supreme Court · 1829
3Cited by8 opinions
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Schroeder v. . FreyNew York Court of Appeals · 1889
- Zilmaur Realty Corp. v. PinkneyAppellate Division of the Supreme Court of the State of New York · 1924
- Baker v. KilburnNew York Supreme Court · 1912
- Schwartz v. VigdenAppellate Division of the Supreme Court of the State of New York · 1924
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