Price v. Durin
New York Supreme Court
APPEAL from a judgment in favor of the plaintiff, entered on the report of a referee. The action was brought to recover damages for the nonperformance by the defendant of the terms of an auction sale, at which he purchased a large quantity of boots and shoes belonging to the plaintiff. The defendant disputed the amount claimed to have been sold, and alleged that the sale was void by the statute of frauds.
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APPEAL from a judgment in favor of the plaintiff, entered on the report of a referee. The action was brought to recover damages for the nonperformance by the defendant of the terms of an auction sale, at which he purchased a large quantity of boots and shoes belonging to the plaintiff. The defendant disputed the amount claimed to have been sold, and alleged that the sale was void by the statute of frauds. The referee found' that on the 5th and 6th of April, 1866, the plaintiff sold to the defendant at public auction, by one Jesse Butler, an auctioneer, goods, wares and merchandise of the…
1Opinion of the CourtFoster, J.
The defense interposed by the defendant was, 1st. That the sale at auction was not made in conformity with the requirements of the statute,. (2 R. S. 136, *649§ 4,) which provides, in order to relieve the sale from the operation of the statute of frauds, that whenever goods shall'be sold at auction, and the auctioneer shall, at the time of sale, enter in a sale book a memorandum, specifying the nature and price of the property sold, the terms of the sale, the name of the purchaser, and the name of the person on whose account the sale is made, such memorandum shall be deemed a note of the contract…
2Cited by2 opinions
- Hagedorn v. LangAppellate Division of the Supreme Court of the State of New York · 1898
- Hagedorn v. LangAppellate Division of the Supreme Court of the State of New York · 1898