Boutwell v. O'Keefe
New York Supreme Court
OK or about the 1st of June, 1851, the defendants, being contractors for work both upon the Troy and Bennington rail road, and also the Harlem rail road, an agreement was made between the plaintiff and defendants, by which the former was to furnish to the latter all the meal they wanted for their works, at stipulated prices, for which he was to be paid monthly; one half in cash, one quarter in the stock of the Troy and Bennington Bail Boad Company, and one quarter in the…
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OK or about the 1st of June, 1851, the defendants, being contractors for work both upon the Troy and Bennington rail road, and also the Harlem rail road, an agreement was made between the plaintiff and defendants, by which the former was to furnish to the latter all the meal they wanted for their works, at stipulated prices, for which he was to be paid monthly; one half in cash, one quarter in the stock of the Troy and Bennington Bail Boad Company, and one quarter in the bonds of the same company, with a guaranty of the Troy and Boston Bail Boad Company that the stock and bonds should pay six…
1Opinion of the CourtHogeboom, J.
The paroi contract between the parties, for the sale and purchase of the meal, as originally made, was absolutely void by the statute of frauds. But since the case of McKnight v. Dunlop, (1 Seld. 537,) it can no longer be contended that it was incapable of becoming valid and obligatory by subsequent part performance; or that subsequent deliveries of articles,"from time to time, in execution of the contract, are to be regarded as separate and distinct transactions, or as so many separate and independent contracts. The latter would seem to be the rule, as held by the superior court of Mew York,…
2Cases cited2 opinions
- Sprague v. BlakeNew York Supreme Court · 1838
- Baker & Perkins v. CuylerNew York Supreme Court · 1852
3Cited by8 opinions
- Barton v. GrayMichigan Supreme Court · 1885
- Homer v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1876
- Van Woert v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1876
- McCarthy v. NashSupreme Court of Minnesota · 1869
- Veerhoff v. MillerAppellate Division of the Supreme Court of the State of New York · 1898
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