H. F. & L. Seymour v. Davis
The Superior Court of New York City
Assumpsit for the price of one hundred barrels of cider, delivered by the plaintiff to the defendant, on or about March 25th, 1847. At the trial before Sandford, J. in April last, the plaintiffs, who resided at Hartford, Connecticut, proved the delivery of the cider to the defendant in New York, and tmt*the latter was to pay four dollars per barrel, in a note at sixty days.*** The "defendant then proved, -that in November, 1846, a verbal agreement was made between him and…
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Assumpsit for the price of one hundred barrels of cider, delivered by the plaintiff to the defendant, on or about March 25th, 1847. At the trial before Sandford, J. in April last, the plaintiffs, who resided at Hartford, Connecticut, proved the delivery of the cider to the defendant in New York, and tmt*the latter was to pay four dollars per barrel, in a note at sixty days.*** The "defendant then proved, -that in November, 1846, a verbal agreement was made between him and the plaintiffs, by which they agreed to deliver to him in New York from five to eight hundred barrels of cider, during the…
1Opinion of the CourtBy the Court. Sandford, J.
The defendant makes a point that the cider contracted to be delivered, was not susceptible of delivery at the time the contract was made, but was to be bought of farmers by the plaintiffs, and prepared for market by refining it, <fcc., and therefore the agreement was one for work and labor, and not within the statute of frauds.
The law is perfectly well settled, both here and in England, that this was a contract for the sale of goods. (Downs v. Ross, 23 Wend. 270 ; Garbutt v. Watson, 5 B. & Ald. 613.) There is no doubt that the agreement in question was void by the statute.
It was proved that…
2Cases cited2 opinions
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Vincent v. GermondNew York Supreme Court · 1814
3Cited by8 opinions
- Benkard v. BabcockThe Superior Court of New York City · 1864
- Boston Mills v. EullThe Superior Court of New York City · 1869
- Baker & Perkins v. CuylerNew York Supreme Court · 1852
- Benkard v. BabcockThe Superior Court of New York City · 1864
- Marsh v. HydeMassachusetts Supreme Judicial Court · 1855
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