Hawley v. . Keeler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs entered upon a terdiet. (Reported below, 62 Barb., 231.) This action was brought to recover damages for an alleged breach of contract for the sale of a quantity- of cheese.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs entered upon a terdiet. (Reported below, 62 Barb., 231.) This action was brought to recover damages for an alleged breach of contract for the sale of a quantity- of cheese. Defendants resided in Cortland, county. and were patrons of a cheese factory at Cuyler, in said"'comity They appointed a committee of three, viz., William Bogardus, Addison Morse and Nelson Keeler, whom they authorized to contract for the sale of their cheese for the year 1868.…
1Opinion of the CourtAndrews, J.
The first question arises upon the exception to the refusal of the court to nonsuit, upon the objection that the contract proved was void within the statute of frauds. The correctness of this ruling depends upon the considerations, first, was there a payment of a part of the purchase-money; and, second, was it made at the time of the making of the contract of sale: for, by the express terms of the statute, both of these things must concur to make a part payment effective to take the contract out of the statute. The statute does not condemn verbal contracts for the sale of goods in any case;…
2Cases cited4 opinions
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Outwater v. DodgeNew York Supreme Court · 1831
- Bissell v. . BalcomNew York Court of Appeals · 1868
- Allis v. . ReadNew York Court of Appeals · 1871
3Cited by26 opinions
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Antonelle v. Kennedy & Shaw Lumber Co.California Supreme Court · 1903
- Egner v. States Realty Co.Supreme Court of Minnesota · 1947
- Stark v. DuvallSupreme Court of Oklahoma · 1898
- Young v. . IngalsbeNew York Court of Appeals · 1913
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