Schultz v. Bradley
New York Court of Common Pleas
Appeal by the defendants from a judgment entered on the verdict of a jury at trial term. The action was brought to recover damages for a refusal to take and pay for certain goods. The facts are as follows : In December, 1864, an agreement was entered into by the parties to this action, for the sale and purchase of 10,000 sides of oak wax leather, memoranda of which agreement were signed and exchanged.
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Appeal by the defendants from a judgment entered on the verdict of a jury at trial term. The action was brought to recover damages for a refusal to take and pay for certain goods. The facts are as follows : In December, 1864, an agreement was entered into by the parties to this action, for the sale and purchase of 10,000 sides of oak wax leather, memoranda of which agreement were signed and exchanged. By the terms of sale, 3,000 sides were to be delivered at once, and paid for in thirty days, the residue to be ■delivered as fast as finished, from 100 to 150 sides daily, commencing January…
1Opinion of the Court
Larremore, J. (after stating the facts).
—It will hardly be claimed that the contract in question is within the statute of frauds. It calls for the delivery of an article to be manufac*32tured (Mead v. Case, 33 Barb. 202, and cases there cited; Donovan v. Willson, 26 Barb. 138).
But even if this were not the case, there was a delivery of a portion of the hides, in pursuance of the verbal agreement of March 28th, 1865, on the day it was made, and the residue in a short time thereafter. The jury have found that there was an acceptance by the defendant, and such finding, upon the evidence offered,…
2Cases cited6 opinions
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Bement v. SmithNew York Supreme Court · 1836
- Sprague v. BlakeNew York Supreme Court · 1838
- Mead v. CaseNew York Supreme Court · 1860
- Donovan v. WillsonNew York Supreme Court · 1857
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