Legal Opinion
Donnell v. Hearn
New York Court of Common Pleas
Decided June 29, 1883PublishedCited by 5 opinions
Appeal from a judgment of a district court in the city of New York. The facts are stated in the opinion.
1Opinion of the CourtVan Brunt, J.
This was an action brought to recover the contract price of $185.00 agreed to be paid for seven bracket lamps to be manufactured by the plaintiff for the defendant.
The defenses were: first, that the contract was within the Statute of Frauds; and secondly, if it was not, that no action for the purchase price would lie.
This contract does not appear to have been within the Statute of Frauds. It was an agreement to manufacture lamps which were not usually kept in stock and were not *231usually manufactured for the purposes of sale, and it is not within the principle of the cases defining the…
2Cases cited3 opinions
- Bement v. SmithNew York Supreme Court · 1836
- Andrews v. . DurantNew York Court of Appeals · 1854
- Higgins v. . MurrayNew York Court of Appeals · 1878
3Cited by5 opinions
- Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888
- Garvin Machine Co. v. HutchinsonAppellate Division of the Supreme Court of the State of New York · 1896
- Fitzgerald v. TiffanyThe Superior Court of New York City · 1894
- Fitzgerald v. TiffanySuperior Court of Buffalo · 1894
- Garvin Machine Co. v. HutchinsonAppellate Division of the Supreme Court of the State of New York · 1896