Johnston v. . Trask
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered on an order made January 26, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed at Circuit. This was an action for a breach of contract. Since January, 1882, the defendants have been bankers and brokers, doing business as partners under a firm name.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered on an order made January 26, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed at Circuit. This was an action for a breach of contract. Since January, 1882, the defendants have been bankers and brokers, doing business as partners under a firm name. On the trial of the issues the plaintiff testified that on the 18th day of January, 1882, the managing partner of the firm, at its place of business, orally agreed with the plaintiff to purchase for him, if…
1Opinion of the Court
Follett, Ch. J.
An oral contract, by which a person sells his own chattels or choses in action for more than $50, payment and delivery being made, and agrees to take them back from and repay the purchase-price to the purchaser on demand, is an entire contract, and the promise to take back the property and repay the purchase-price is not void by the third section of the statute of frauds. ( Wooster v. Sage, 67 N. Y. 67; Fitzpatrick v. Woodruff, 96 id. 561; White v. Knapp, 47 Barb. 549; Williams v. Burgess, 10 A. & E. 499 ; Fay v. Wheeler, 44 Vt. 292; Dickinson v Dickinson, 29 Conn. 600; 1 Benj,…
2Cases cited7 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Union National Bank of Rahway v. UnderhillNew York Court of Appeals · 1886
- Wooster v. . SageNew York Court of Appeals · 1876
- White v. KnappNew York Supreme Court · 1867
- Hagar & Derby v. KingNew York Supreme Court · 1862
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3Cited by30 opinions
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- Kunzmann v. PetteysSupreme Court of Colorado · 1923
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