Merritt v. Clason
New York Supreme Court
THIS was an actioli of assumpsit, tried at the New-York sittings, in April last, before Mr. Justice Yates. John Townsend, a witness for 'the plaintiffs, testified that he was a broker, and was employed by the defendant to purchase rye- On the 18th of February, 1812, he applied to Isaac Wright S' Son, the agents of the plaintiffs, in' New-York, and aoreed to purchase tif them 10,000 bushels of rye, at one dollar ner bushel, and they authorized him to sell the same to the r v…
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THIS was an actioli of assumpsit, tried at the New-York sittings, in April last, before Mr. Justice Yates. John Townsend, a witness for 'the plaintiffs, testified that he was a broker, and was employed by the defendant to purchase rye- On the 18th of February, 1812, he applied to Isaac Wright S' Son, the agents of the plaintiffs, in' New-York, and aoreed to purchase tif them 10,000 bushels of rye, at one dollar ner bushel, and they authorized him to sell the same to the r v ' * defendant, on the terms agreed on; the witness informed the defendant of the terms of sale, and was directed by him…
1Opinion of the CourtPlatt, J.
court. The only point is, whether the memorandum, made by John Townsend, was a sufficient memorandum of the contract, within the' statute of frauds, to bind the defendant.
It is objected by the defendant’s counsel,
1. That the memorandum is not “ in writing?' being made with a lead pencil only. "
2. That it is not, “ signed?’ by the defendant, nor by his agent. ; jy ■ ' ; . •
3. That it is not binding; on the* defendant, ¡because his agent did not furnish him with a copy of it. •; - '
I have - no doubt that, the memorciivdwn required ■ by the sta* jfcnte* may as well- tie" written with' a…
2Cited by22 opinions
- Industrial Bankers of Massachusetts, Inc. v. Reid, Murdoch & Co.Massachusetts Supreme Judicial Court · 1937
- Meads v. EarleMassachusetts Supreme Judicial Court · 1910
- In Re the Probate of a Paper Alleged to Be the Last Will and Testament of BoothNew York Court of Appeals · 1891
- Doty v. WilderIllinois Supreme Court · 1854
- Pearlberg v. LevisohnAppellate Terms of the Supreme Court of New York · 1920
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