Thacher v. New York, Westchester & Boston Railway Co.
New York Supreme Court
Action to recover for services rendered on express contract with second count on quantum meruit. On special verdict jury found that the contract was not to be performed within one year from the time it was made and that the value of the services rendered was $12,400.
1Opinion of the CourtGreenbaum, J.
It seems to be the settled rule in this state that the right to recover" the value of services upon an implied assumpsit to pay therefor, upon an agreement void under the Statute of Frauds, arises when it is shown that the plaintiff has been ready and willing" to perform and the other party has repudiated or refused to perform. Day v. New York Central R. R. Co., 51 N. Y. 583; Galvin v. Prentice, 45 id. 162. In the latter case it is said: “ The effect of the
statute is to prevent either party from enforcing performance of the verbal contract against the other, but not to make a different…
2Cases cited4 opinions
- Erben v. . LorillardNew York Court of Appeals · 1859
- Sweeny v. . City of New YorkNew York Court of Appeals · 1903
- Day v. New York Central RailroadCommission of Appeals · 1873
- Markham v. David Stevenson Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- King v. BroadhurstAppellate Division of the Supreme Court of the State of New York · 1914