Delaware Mills, Inc. v. Carpenter Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Delaware Mills, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 6th day of August, 1921, upon the decision of the court rendered after a trial without a jury at the Broome Trial Term, a jury having been waived, dismissing the complaint upon the merits.
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Appeal by the plaintiff, Delaware Mills, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 6th day of August, 1921, upon the decision of the court rendered after a trial without a jury at the Broome Trial Term, a jury having been waived, dismissing the complaint upon the merits. The plaintiff claimed that the defendant ordered a carload of feed known as “ Delaware stock feed ” and subsequently refused to accept delivery and plaintiff seeks to recover damages for breach of the contract. There is no dispute as…
1Opinion of the Court
Hinman, J.:
It is only by reading together the memorandum slip containing the terms of the contract and the letters of the plaintiff of September first and October fifth with the defendant’s answers indorsed thereon that we can say a complete written contract, or note, or memorandum, signed by the party to be charged has been sufficiently established to satisfy the Statute of Frauds.
Counsel for the defendant urges two objections. He contends that the parol evidence given by the salesman Ingersoll was inadmissible under the Statute of Frauds to identify the memorandum slip and to prove the…
2Cases cited12 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Wright v. . WeeksNew York Court of Appeals · 1862
- Rogers v. KneelandNew York Supreme Court · 1833
- Raubitschek v. . BlankNew York Court of Appeals · 1880
- Brauer v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Ideal Structures Corporation v. Levine Huntsville Development CorporationCourt of Appeals for the Fifth Circuit · 1968
- Papaioannou v. BritzAppellate Division of the Supreme Court of the State of New York · 1955
- Tioga County General Hospital v. TiddNew York Supreme Court · 1937
- Atlas Shoe Co. v. LewisAppellate Division of the Supreme Court of the State of New York · 1922
4 more not listed; retrieve them via the Exa API.