Spyer v. C. J. Fisher
The Superior Court of New York City
Exceptions ordered to be heard at general term. The action was upon a sale of goods of which the defendant refused to accept delivery. The contract was evidenced by the following : “ March 5, 1873. “ Sold for account of Messrs. Joseph Spyer & Co,, to C. J. Fisher, Buffalo, N. Y., one hundred cases Vine Grower's’ Co’y, Cognac, black label, to arrive Ex. ‘ Greve Manderstrom,’ at $10gold, net cash, per case,' duties payable in advance by C. J. Fisher, on arrival of vessel.
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Exceptions ordered to be heard at general term. The action was upon a sale of goods of which the defendant refused to accept delivery. The contract was evidenced by the following : “ March 5, 1873. “ Sold for account of Messrs. Joseph Spyer & Co,, to C. J. Fisher, Buffalo, N. Y., one hundred cases Vine Grower's’ Co’y, Cognac, black label, to arrive Ex. ‘ Greve Manderstrom,’ at $10gold, net cash, per case,' duties payable in advance by C. J. Fisher, on arrival of vessel. “ S. M. Saunders, “ Wine and Spirit Broker.” On the arrival of the merchandise, it was tendered to the defendant, and its'…
1Opinion of the Court
By the Court.—Mouele, Oh.
If this case presented the single question, whether a broker can act on behalf of both seller and purchaser of merchandise, so as to make a valid contract binding upon both, where the dual agency was unknown to one at least of the parties, and there was no subsequent recognition or ratification of the act, the verdict probably could not be upheld.
The general rule is, that, except for some purposes (i. e., signing a contract within the statute of frauds), a broker is forbidden to act for both parties, concealing his agency for one from the other. But the rule is…
2Cases cited8 opinions
- Forrest v. . ForrestNew York Court of Appeals · 1862
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Kerr v. . MountNew York Court of Appeals · 1863
- Burckle v. . EckhartNew York Court of Appeals · 1849
- Varian v. StevensThe Superior Court of New York City · 1853
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