Webster v. Zielly
New York Supreme Court
THIS case was tried at the Franklin circuit in February, 1868. The plaintiffs’ complaint Was upon two separate parol agreements, made in January and February, 1867, between the parties^ each agreement being for the pur- '", chase by the defendants of 100 bushels of hop roots of the l plaintiffs, at $6 per bushel, to be delivered at the Malone | depot on the Ogdensburgh and Lake Champlain Bailroad, ij at the earliest “hop rooting,” in the spring of that year. [ By the first…
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THIS case was tried at the Franklin circuit in February, 1868. The plaintiffs’ complaint Was upon two separate parol agreements, made in January and February, 1867, between the parties^ each agreement being for the pur- '", chase by the defendants of 100 bushels of hop roots of the l plaintiffs, at $6 per bushel, to be delivered at the Malone | depot on the Ogdensburgh and Lake Champlain Bailroad, ij at the earliest “hop rooting,” in the spring of that year. [ By the first agreement $50 was to have been paid down [ at the time of making the agreement, but was not paid 1 until two or three…
1Opinion of the Court
By the Court, Potter, J.
1. It is claimed by the defendant, that at the time of making the contracts in question, the subject of the contracts, hop roots, was real estate; that they were perennial, and not “fruotus industriales,” and therefore the contract was within the statute of frauds, (2 R. S. 134, 135, §§ 6, 8,) which requires the agreement to be in writing, &c. I think there is no question now, that hop roots, when rooted in the ground, are a part of the real estate of the proprietor of the soil, and would pass to the purchaser by a conveyance of the land, (Bishop v. Bishop, 11 N. Y.…
2Cases cited3 opinions
- Crookshank v. BurrellNew York Supreme Court · 1820
- Bissell v. BalcomNew York Supreme Court · 1863
- Coughtry v. The Globe Woolen CompanyNew York Court of Appeals · 1874
3Cited by9 opinions
- Smock v. SmockMissouri Court of Appeals · 1889
- Hunter v. . WetsellNew York Court of Appeals · 1874
- Cooke v. MillardNew York Supreme Court · 1871
- Cervadoro v. First National Bank & Trust Co. of HudsonAppellate Division of the Supreme Court of the State of New York · 1944
- Kittel v. StueveNew York Court of Common Pleas · 1895
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