Vietor v. Stroock

There seems to be no question to submit to the court of appeals in this case. The decision in Cross v. O' Donnell, 44 N. Y. 661, does not conflict with that in Shindler v. Houston, 1 N. Y. 261, as to what constitutes “ acceptance” of goods under the statute of frauds where the price is over $50, and there is no payment or memorandum in writing. In the latter case there was no acceptance and delivery, as‘required by the statute. In the case before us there was no question as to the delivery, and the facts evidencing acceptance bring it within the decision in Cross v. O'Donnell, first above…