Bates v. Coster
New York Supreme Court
Exceptions ordered to be heard in the first instance, at general term. The action was brought by John J. Bates and David Baird against Daniel J. Coster.
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Exceptions ordered to be heard in the first instance, at general term. The action was brought by John J. Bates and David Baird against Daniel J. Coster. The plaintiffs were the owners of a male colt, which the defendant proposed to purchase.' After some conversation between the parties' in regard to the appearance, value, and price" of the animal, the defendant said, according to one of the witnesses, “ if you will have him altered and keep him until he gets well, I will give you $1,000,” and that Baird, one of the plaintiffs, with whom the conversation was had, replied, that “he would take…
1Opinion of the CourtBockes, J.
The contract was not in writing; no part of the purchase price was paid; nor was the property delivered. If, therefore, the contract was one of sale, it was within the statute of frauds and void. 2 E. S. 136, § 3. This position is not denied; but it is insisted on the part of the plaintiffs, that the contract was for work and labor. When the thing bargained for is not in esse at the time of the contract — could not then be delivered or accepted, but is to be afterward constructed or manufactured — the contract is held to be one for work and labor; as for a wagon, thereafter to be constructed,…
2Cases cited9 opinions
- Crookshank v. BurrellNew York Supreme Court · 1820
- Parsons v. . LoucksNew York Court of Appeals · 1871
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Sewall v. FitchNew York Supreme Court · 1828
- Courtright v. StewartNew York Supreme Court · 1854
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