Justice v. Lang
The Superior Court of New York City
This action was brought to recover damages for the nonperformance by the defendants of a promise contained in an instrument in writing signed by them alone, which was in the following words and figures : “New York, May 13, 1861. We agree to deliver P. 8. Justice one thousand Enfield pattern rifles (with bayonets, no other extras) in New York, at $18 each, cash, upon such delivery, said rifles to be shipped from. Liverpool not later than 1 July, and before if possible.”
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This action was brought to recover damages for the nonperformance by the defendants of a promise contained in an instrument in writing signed by them alone, which was in the following words and figures : “New York, May 13, 1861. We agree to deliver P. 8. Justice one thousand Enfield pattern rifles (with bayonets, no other extras) in New York, at $18 each, cash, upon such delivery, said rifles to be shipped from. Liverpool not later than 1 July, and before if possible.” The plaintiff did not sign such instrument or any similar one. No money was paid on account of the price mentioned therein,…
1Opinion of the Court
Robertson, Ch. J.
The statute of frauds requires a written note or memorandum of every contract for the sale of goods, chattels, and choses in action, to be signed by the “parties to be charged therewith,” in order to make it binding, unless some *344of the articles sold have been delivered, or the price of them paid. (2 R. S. 136, § 3.) Of course at common law, in order to make such contract binding, it is necessary that a consideration, executed or executory, should move from each party to make that of the other binding. If the agreement of the vendor to sell and of the vendee to buy, constitute…
2Cases cited10 opinions
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Bailey v. OgdenNew York Supreme Court · 1808
- Russell v. NicollNew York Supreme Court · 1829
- Murray v. SmithThe Superior Court of New York City · 1853
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3Cited by3 opinions
- Copley v. HassonSupreme Court of Louisiana · 1849
- Johnson v. MulryThe Superior Court of New York City · 1867
- Marcus v. BarnardThe Superior Court of New York City · 1866