Downs & Skillinger v. Ross
New York Supreme Court
This was an action of assumpsit, to recover damages for not delivering wheat pursuant to contract, tried at the Chemung circuit in October, 1887, before the Hon. Robert Monell, one of the circuit judges. A witness for the plaintiffs testified that he was the plaintiff’s agent for the purchase of wheat. On the 30th August, 1836, he called on the defendant, who resided in Elmira, to purchase his wheat. The defendant had some wheat in his granary, and was then threshing more.
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This was an action of assumpsit, to recover damages for not delivering wheat pursuant to contract, tried at the Chemung circuit in October, 1887, before the Hon. Robert Monell, one of the circuit judges. A witness for the plaintiffs testified that he was the plaintiff’s agent for the purchase of wheat. On the 30th August, 1836, he called on the defendant, who resided in Elmira, to purchase his wheat. The defendant had some wheat in his granary, and was then threshing more. There were about 250 bushels in the granary. A contract was finally made for 700 or 800 bushels at ten shillings per…
1Opinion of the Court
After advisement, the following opinion was delivered:
By Bronson, J.
No part of the purchase money was paid, none of the property was delivered, and there was no writing between the parties. If, then, this was a contract for the sale of goods, the statute declares it void. 2 R. S. 136, § 3. The substance of the transaction may be stated in few words. The merchant or miller went to the farmer to purchase his wheat, a part of which was already threshed and in the granary, and the residue was in a course of preparation for market. The farmer said he would clean over again that which was in the…
2Cases cited1 opinion
- Jackson v. CovertNew York Supreme Court · 1830
3Cited by29 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Cooke v. . MillardNew York Court of Appeals · 1875
- Parsons v. . LoucksNew York Court of Appeals · 1871
- Cason v. Thomas Cheely & Co.Supreme Court of Georgia · 1849
- Atwater v. HoughSupreme Court of Connecticut · 1861
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