Dykers v. . Townsend
New York Court of Appeals
Appeal from the Supreme Court. Action to recover damages for ttm failure of the defendant to receive and pay for one thousand one hundred shares of the capital stock of the New York and Erie Railroad Company, in performance of three several contracts therefor, bearing date the 2d and 30th May, and 5th June, 1854, one of which was in the following form: , “New York, May 2, 1854. . “ I have purchased of Dykers, Alstine & Co., five hundred (500) shares of the stock of the N. Y.…
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Appeal from the Supreme Court. Action to recover damages for ttm failure of the defendant to receive and pay for one thousand one hundred shares of the capital stock of the New York and Erie Railroad Company, in performance of three several contracts therefor, bearing date the 2d and 30th May, and 5th June, 1854, one of which was in the following form: , “New York, May 2, 1854. . “ I have purchased of Dykers, Alstine & Co., five hundred (500) shares of the stock of the N. Y. and Erie Railroad Co., at seventy-one (7-1) per cent, and deliverable in sixty days, buyer’s option, with interest at…
1Opinion of the CourtHoyt, J.
The statute of frauds (2 R. S., p. 186, § 3), declares that every contract for the sale of goods and chattels, or things in action for the price of fifty dollars or more, shall be void unless a note or memorandum of such contract be made in writing, and subscribed by the party, to be charged thereby. As an original question I should have no hesitation in saying, in a case where the contract was entirely executory on both sides, and no part of the consideration had been paid,, that it was necessary that it should be in writing under this statute, and be signed by both parties thereto, or their…
2Cases cited4 opinions
- Davis v. ShieldsNew York Supreme Court · 1841
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
- Beebee v. RobertNew York Supreme Court · 1834
- Roget v. MerritNew York Supreme Court · 1804
3Cited by56 opinions
- Weil v. NearySupreme Court of the United States · 1929
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Harris v. . WhiteNew York Court of Appeals · 1880
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Burrill v. . BoardmanNew York Court of Appeals · 1871
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