Justice v. . Lang
New York Court of Appeals
Appeal from a judgment entered upon the decision of the General Term of the Superior Court of the city of New York, affirming a judgment dismissing the complaint upon the trial of the issues before Justice Babboub, and a jury.
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Appeal from a judgment entered upon the decision of the General Term of the Superior Court of the city of New York, affirming a judgment dismissing the complaint upon the trial of the issues before Justice Babboub, and a jury. The facts material to the decision sufficiently appear in the opinion of the court. on the question of the validity of the contract under the statute of frauds, cited Classon v. Bailey (14 Johns., 490); Roget v. Merritt (2 Cai., 117); Bullard v. Walker (3 Johns, cas., 60); McCrea v. Purmort (16 Wend., 460); 2 Stor. Eq. Jur., § 736a; in re Hunter, (1 Edw. Ch., 1); White…
1Opinion of the CourtLott, J.
The plaintiff brought this action for the recovery of damages from the defendants (composing the firm of W. Bailey Lang & Co.), for the non-performance of their promise, contained in the following memorandum or instrument in writing, signed by them, viz.:
“Mew Yobk, 13th May, 1861.
“We agree to deliver P. S. Justice one thousand Enfield pattern rifles, with bayonets, no other extras, in Mew York at eighteen dollars each, cash upon such delivery. Said rifles to be shipped from Liverpool not later than 1st July, and before if possible.
“W. BAILEY LANG- & Co.”
After proof of the negotiation of the…
2Cases cited7 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Davis v. ShieldsNew York Supreme Court · 1841
- Bailey v. OgdenNew York Supreme Court · 1808
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3Cited by79 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Butler v. ThomsonSupreme Court of the United States · 1876
- Grossman v. . SchenkerNew York Court of Appeals · 1912
- Komp v. . RaymondNew York Court of Appeals · 1903
- In re the Arbitration between Riccardi & Modern Silver Linen Supply Co.Appellate Division of the Supreme Court of the State of New York · 1974
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