Higgins v. . Murray
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plamtiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plamtiff, entered upon the report of a referee. (Reported below, upon a former appeal, 4 Hun, 565.) ' The referee found substantially the following facts : On or about the 27th day of April, 1873, the defendant requested the plaintiff to manufacture for him a set of circus tents of a specified kind and dimensions, which the plaintiff undertook to do in three weeks. In pursuance of said order the-plaintiff manufactured the tents, and had them completed about the…
1Opinion of the Court
Church, Ch. J.
The action is not strictly for the sale of the article manufactured, but for work, labor, and materials, performed aud used in its manufacture (Mixer v. Howarth, 21 Pick., 205); and hence is not within the statute of frauds. It is undisputed that the plaintiff performed his contract, and if the defendant had refused to take the tents, an action upon the agreement would have been sustained. (Crook-shank v. Burrell, 18 J. R., 58.) There is some confusion in the authorities as to when the title passes to the purchaser in such cases. In Andrews v. Durant (11 N. Y., 35), Denió, J.,…
2Cases cited2 opinions
- Andrews v. . DurantNew York Court of Appeals · 1854
- Grippen v. New York Central RailroadNew York Court of Appeals · 1869
3Cited by18 opinions
- Standard Casing Co. v. . California Casing Co.New York Court of Appeals · 1922
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Commonwealth v. FlemingSupreme Court of Pennsylvania · 1889
- United States v. Adams Exp. Co.District Court, S.D. Iowa · 1902
- Marie v. GarrisonThe Superior Court of New York City · 1883
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