Crookshank v. Burrell
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. B. de» dared against C. before the justice, on a contract between h‘m atld the defendant, whereby it was agreed that B. shodd make the wood work of a waggon, which the de-fendant was to pay for in lambs, at one dollar a head, The plaintiff claimed 25, dollars. The agreement was * 0 proved: and that the plaintiff had made ■ the waggon r . , . . ,. , T, , , , within the period limited.
Read the full summary
IN ERROR, on certiorari to a Justice’s Court. B. de» dared against C. before the justice, on a contract between h‘m atld the defendant, whereby it was agreed that B. shodd make the wood work of a waggon, which the de-fendant was to pay for in lambs, at one dollar a head, The plaintiff claimed 25, dollars. The agreement was * 0 proved: and that the plaintiff had made ■ the waggon r . , . . ,. , T, , , , within the period limited. It was also proved, that the defendant was to come for the waggon, and pay for it in lambs at one dollar a piece. The judgment was for 24 dollars and 94 cents, the…
1Opinion of the Court
Spencer, Ch. J.. . - delivered the opinion of the Court. It no where appears that the value of the waggon or the price of it, was ten pounds or upwards. The *59claimed to recover 25 dollars; but this does not denote the price of the waggon, and it is mere matter of form. But, admitting that the price agreed on was 25 dollars, still it would not be a case within the statute. In Bennet v. Hull, (10 Johns. Rep. 364.) we decided, that the statute applied to executory, as well as other contracts, and we recognised the cases of Rondeau v. Wyatt, (2 H. Bl. 63.) and Cooper v. Elston, (7 Term Rep. 14.)…
2Cited by33 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Meincke v. FalkWisconsin Supreme Court · 1882
- Pratt v. MillerSupreme Court of Missouri · 1891
- Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
28 more not listed; retrieve them via the Exa API.