Vincent v. Germond
New York Supreme Court
THIS was an action of assumpsit for cattle &c. sold -and delivered, and was tried at the Dutchess circuit, in November, 1813, before Mr, Justice Spencer. It was proved at the trial, that in June, 1812, B. Germond, ■one of the defendants, came to the plaintiff, and asked him if he had any cattle to sell, and the plaintiff replying in the affirmative, they went together into the field to look at them.
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THIS was an action of assumpsit for cattle &c. sold -and delivered, and was tried at the Dutchess circuit, in November, 1813, before Mr, Justice Spencer. It was proved at the trial, that in June, 1812, B. Germond, ■one of the defendants, came to the plaintiff, and asked him if he had any cattle to sell, and the plaintiff replying in the affirmative, they went together into the field to look at them. B. Germond offered 280 dollars for the cattle, four in number, which, after some hesitation, the plaintiff agreed to accept, if they were at B. G’s risk, observing that he had had one or two…
1Per curiam
No earnest money having been paid, nor any writing made between the parties relative to the contract, the question is, whether there was such a delivery of the cattle as to take the case out of the statute of frauds. It was not made *284a question whether the defendants were partners, so as to be bound by the acts of each other. It may be questioned whether what took place between B. Germond and the plaintiff if standing alone, would amount to a delivery; but the subsequent conduct of the other defendant, in taking away the three oxen, without any new contract, affords sufficient ground to infer…
2Cited by11 opinions
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- Galvin v. MacKenzieOregon Supreme Court · 1891
- H. F. & L. Seymour v. DavisThe Superior Court of New York City · 1848
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