Shindler v. . Houston
New York Court of Appeals
On error from the Supreme Court. Houston sued Shindler in the Justices’ Court, of the city of Troy, in assumpsit, for the price of a quantity of lumber.
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On error from the Supreme Court. Houston sued Shindler in the Justices’ Court, of the city of Troy, in assumpsit, for the price of a quantity of lumber. The plaintiff having recovered, the defendant appealed to the Mayor’s Court of that city, and on the trial in that Court, the case was this :— The plaintiff was the owner of about 2070 feet of curled maple plank and scantling, which he had brought to Troy in a boat, and which, after being inspected and measured, was piled on the dock apart from any other lumber. Soon after this, the plaintiff and defendant met at the place where the lumber…
1Opinion of the Court
As no part of the purchase money was paid by the vendee, the contract above stated was void by the statute of Frauds, (2R.S. 136, § 3, subd. 3) unless the buyer "accepted and received" the whole or a part of the property sold.
The object of the statute was not only to guard against the dishonesty of parties and the perjury of witnesses, but against the misunderstanding and mistakes of honest men. If the contract is reduced to writing, and "subscribed by the parties to be charged thereby," this object is effectually attained. The writing becomes its own interpreter. Where this is omitted but…
2Cases cited1 opinion
- Bates v. ConklíngNew York Supreme Court · 1833
3Cited by53 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Cooke v. . MillardNew York Court of Appeals · 1875
- Young v. . IngalsbeNew York Court of Appeals · 1913
- Coffin v. BradburyIdaho Supreme Court · 1894
- Marsh v. . RouseNew York Court of Appeals · 1871
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