Peoria Grape Sugar Co. v. Babcock Co.
U.S. Circuit Court for the District of Indiana
This was an action by the Peoria Grape Sugar Company against the Babcock Company to recover the price of certain glucose, sold and delivered. The defendant interposed a counterclaim, to which the plaintiff demurred. This is an action by the plaintiff against the defendant to recover the purchase price of a quantify of glucose sold and delivered by the plaintiff to the defendant.
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This was an action by the Peoria Grape Sugar Company against the Babcock Company to recover the price of certain glucose, sold and delivered. The defendant interposed a counterclaim, to which the plaintiff demurred. This is an action by the plaintiff against the defendant to recover the purchase price of a quantify of glucose sold and delivered by the plaintiff to the defendant. The defendant has filed a counterclaim in nine paragraphs against the plaintiff, seeking to recover damages for the alleged breach of several contracts for the sale and delivery of large quantities of glucose alleged…
1Opinion of the CourtBaker, District Judge
(after stating the facts). The statute of frauds of this state is as follows:
“No contract for the sale of any goods, for the price of fifty dollars or more, shall be valid, unless the purchaser shall receive part of such property, or shall give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing of the bargain be made and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized.” 3 Burns’ Ind. Rev. St § 6635 (Rev. St. 1881, § 4910).
The goods agreed to be sold, as disclosed in each paragraph of the…
2Cases cited3 opinions
- Grafton v. CummingsSupreme Court of the United States · 1879
- Ridgway v. IngramIndiana Supreme Court · 1874
- Wilstach v. HeydIndiana Supreme Court · 1890
3Cited by8 opinions
- Kohlbrecher v. GuettermannIllinois Supreme Court · 1928
- Barkhurst v. NevinsNebraska Supreme Court · 1921
- American Iron & Steel Mfg. Co. v. Midland Steel Co.U.S. Circuit Court for the District of Indiana · 1900
- Mitchell v. a & B Coal Co.Supreme Court of Connecticut · 1947
- Santis v. CannataSupreme Court of Rhode Island · 1919
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