Brock v. Knower
New York Supreme Court
Appeal by tbe defendants from a judgment, entered on a verdict at tbe Erie Circuit, and from an order denying a motion for a new trial made upon a case and exceptions. Tbe action was brought upon an alleged contract for tbe sale and delivery of goods by tbe defendants to tbe plaintiffs and to recover damages for a breach thereof on tbe part of tbe defendants occasioned by their refusal to deliver.
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Appeal by tbe defendants from a judgment, entered on a verdict at tbe Erie Circuit, and from an order denying a motion for a new trial made upon a case and exceptions. Tbe action was brought upon an alleged contract for tbe sale and delivery of goods by tbe defendants to tbe plaintiffs and to recover damages for a breach thereof on tbe part of tbe defendants occasioned by their refusal to deliver. The plaintiffs claimed that an oral agreement was made at the defendants’ store in the city of New York, in November, 1879, by which they agreed, to sell and deliver to them five cases of Echo Lake…
1Opinion of the Court
Beadlet, J.:
The alleged contract, when first orally made, was within the statute of frauds and void. The question here is, whether there was such acceptance by the plaintiffs of part of the goods embraced in the agreement as to give to it validity as one for the sale and delivery of the property in question. The absence of any written note or memorandum of the contract subscribed by the parties to be charged rendered it void, unless the buyers accepted and received part of the goods, etc. (2 R. S., 136, § 3.) The receipt and acceptance required in such case, by the statute, embraces delivery…
2Cases cited9 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Sickels v. PattisonNew York Supreme Court · 1835
- Van Woert v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1876
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