Westfall v. Peacock
New York Supreme Court
rni-IIS action was tried at the Cayuga circuit in October, 1 1871, before Hon. H. A. Foster, then one of. the justices of this court. The cause of action set .forth in the complaint was for the purchase price of personal property, alleged to have been sold and delivered, by the plaintiff, to the defendant— being a horse, buggy and harness—at the price of $385, of which $35 was paid down at the time of the making of the contract.
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rni-IIS action was tried at the Cayuga circuit in October, 1 1871, before Hon. H. A. Foster, then one of. the justices of this court. The cause of action set .forth in the complaint was for the purchase price of personal property, alleged to have been sold and delivered, by the plaintiff, to the defendant— being a horse, buggy and harness—at the price of $385, of which $35 was paid down at the time of the making of the contract. The answer denied the allegations of the complaint, and alleged that the sale was upon conditions which had not been performed. The case shows that the plaintiff was…
1Opinion of the Court
By the Court, Barker, J.
The verdict of the jury disposes of the question whether the contract of sale was made and completed or not. The defendant acquiesces in the finding of the jury, as sustained by the evidence, and on this appeal abandons the first ground upon which he moved for a nonsuit.
The appellant now relies upon the proposition, that the act of the plaintiff, in selling the property, was a disaffirmance of the contract of sale, and a reclaiming of the title of the property, and is conclusive against his right to recover, in this or any other action.
The rule of the common law is,…
2Cases cited4 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Bement v. SmithNew York Supreme Court · 1836
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Lewis v. GreiderNew York Supreme Court · 1867
3Cited by4 opinions
- Stokes v. . MacKayNew York Court of Appeals · 1895
- Cragin v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1900
- D'Aprile v. Turner-Looker Co.New York Court of Appeals · 1925
- Dreyfuss v. FosterCity of New York Municipal Court · 1888