Scott v. Pentz
The Superior Court of New York City
This was an appeal from a judgment at a special term, and a motion for a reversal, and a new trial, was now made, founded upon a bill of exceptions. The action was for the "breach of a contract, by which the defendant held and agreed to deliver to the plaintiff, at a certain price to be paid on delivery, 200 salted hides. The defendant, in his answer,- alleged that no written contract had been delivered, and that the agreement, if any had been made, was rescinded.
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This was an appeal from a judgment at a special term, and a motion for a reversal, and a new trial, was now made, founded upon a bill of exceptions. The action was for the "breach of a contract, by which the defendant held and agreed to deliver to the plaintiff, at a certain price to be paid on delivery, 200 salted hides. The defendant, in his answer,- alleged that no written contract had been delivered, and that the agreement, if any had been made, was rescinded. The proceedings on the trial appear in the bill of exceptions, which is as follows ■:— Afterwards, that is to say, on the 24th day…
1Opinion of the Court
By the Court.
Sandford, J.
When the plaintiff proposed to read in evidence the torn agreement, and the copy of the entire agreement, he had proved presumptively, that the parties *576had agreed upon the terms of a sale of the hides, a written contract, expressing those terms, had been signed by the plaintiff, and received by the defendant, and a transcript of the same signed by the latter, and delivered to the plaintiff. After this, and before the parties separated, the defendant had dictated a further term or condition of the sale, and then acquiesced, apparently, in a substitute for that. And…
2Cited by2 opinions
- Posner v. RosenbaumAppellate Division of the Supreme Court of the State of New York · 1934
- Kidd v. WilsonSupreme Court of Iowa · 1867