Glen v. Whitaker
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. •,r The action was brought to obtain the specific performance by the defendant of a parol agreement made by him with the plaintiffs, at Bochester, 2L Y. on the 16th day of January, 1867, for the conveyance by the defendant to the plaintiffs, of a shop right under a patent for an improved clover machine. The defendant took issue upon the consideration of this agreement, which is the principal issue in the case.
Read the full summary
APPEAL from a judgment entered upon the report of a referee. •,r The action was brought to obtain the specific performance by the defendant of a parol agreement made by him with the plaintiffs, at Bochester, 2L Y. on the 16th day of January, 1867, for the conveyance by the defendant to the plaintiffs, of a shop right under a patent for an improved clover machine. The defendant took issue upon the consideration of this agreement, which is the principal issue in the case. The action was referred, and tried before a referee in December, 1867. On the trial it appeared that the defendant and the…
1Opinion of the Court
By the Court, James C. Smith, J.
The principal question in this case, is whether the delivery by the plaintiffs to the rail road company, of the machine in controversy, in pursuance of the order and direction of the defendant, was, in law, a delivery to him, and ipso facto an acceptance by him of the property, as decided by the referee.
The referee found as facts, that the parties made an agreement, without writing, for the sale and delivery by *457the plaintiffs to the defendant, of a' clover machine of the value of $375; that at the time when the agreement was made, a machine of the value and…
2Cases cited2 opinions
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
- Outwater v. DodgeNew York Supreme Court · 1831
3Cited by2 opinions
- Cross v. . O'DonnellNew York Court of Appeals · 1871
- Braddock Glass Co. v. Irwin & Co.Supreme Court of Pennsylvania · 1893