Hunter v. . Wetsell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, denying motion for a new trial and affirming an order of Special Term directing judgment in favor of plaintiff upon a verdict. The nature of the action and the facts are stated in the opinion. The jury rendered a verdict for plaintiff, whereupon the court ordered the case to stand for the consideration of the court upon the exceptions and questions of law arising therein.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, denying motion for a new trial and affirming an order of Special Term directing judgment in favor of plaintiff upon a verdict. The nature of the action and the facts are stated in the opinion. The jury rendered a verdict for plaintiff, whereupon the court ordered the case to stand for the consideration of the court upon the exceptions and questions of law arising therein. Subsequently, on motion for judgment on the part of the plaintiff, it was granted and judgment directed for the plaintiff on the…
1Opinion of the Court
Earl, C.
This action was brought to recover the price of hops which plaintiff claims to have sold to the defendants. It is claimed, on the part of the defendants, that the contract was void under the statute of frauds, and whether it was or not is the only question I propose to consider.
The only compliance with the statute claimed is part payment of the purchase-price. The facts are as follows: The contract was made September 27, 1867, and no portion of the purchase-price was then paid. Subsequently, the defendants paid the plaintiff §300 upon the purchase-price, §200 in November and §100 in…
2Cases cited4 opinions
- Sprague v. BlakeNew York Supreme Court · 1838
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Webster v. ZiellyNew York Supreme Court · 1866
- Allis v. . ReadNew York Court of Appeals · 1871
3Cited by10 opinions
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Franklin v. Matoa Gold Min. Co.Court of Appeals for the Eighth Circuit · 1907
- Young v. . IngalsbeNew York Court of Appeals · 1913
- Jackson v. . TupperNew York Court of Appeals · 1886
- Colton v. RaymondCourt of Appeals for the Second Circuit · 1902
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