Legal Opinion

Hunter v. . Wetsell

New York Court of Appeals

Decided March 22, 1881PublishedCited by 59 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon order made February 17, 1879, which affirmed a judgment in favor of plaintiffs entered upon a verdict. (Mem. of decision below, 17 Hun, 135.) The case is reported upon a former appeal in 57 H. Y. 275. This action was brought to recover the purchase-price of a quantity of hops alleged to have been sold by Richard Hunter, plaintiffs’ testator, to defendants.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon order made February 17, 1879, which affirmed a judgment in favor of plaintiffs entered upon a verdict. (Mem. of decision below, 17 Hun, 135.) The case is reported upon a former appeal in 57 H. Y. 275. This action was brought to recover the purchase-price of a quantity of hops alleged to have been sold by Richard Hunter, plaintiffs’ testator, to defendants. The proof on the part of plaintiffs was to the effect, that one of the defendants, who were partners, in September, 1877, looked…

1Opinion of the CourtFinch, J.

We are to assume as facts in this case, from the verdict of the jury, that an absolute contract for the sale of the hops, after they were weighed and baled, was entered into verbally by the parties, by the terms of which the hops were to be delivered where the defendants determined and requested, and were to be paid for within a few weeks upon such delivery, at the rate of fifty cents per pound with $10 additional on the whole lot. Since the quantity of the hops, as baled and weighed, carried the price beyond $50, we held upon a previous appeal that the contract was void within the statute of…

2Cases cited6 opinions

  1. Pollen v. . Le RoyNew York Court of Appeals · 1864
  2. Lawrence v. BarkerNew York Supreme Court · 1830
  3. Hawley v. . KeelerNew York Court of Appeals · 1873
  4. Lefler v. . FieldNew York Court of Appeals · 1873
  5. Williams v. . SargeantNew York Court of Appeals · 1871

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3Cited by59 opinions

  1. Hanes v. StateIndiana Supreme Court · 1900
  2. Carlisle v. . NorrisNew York Court of Appeals · 1915
  3. Franciscan Hotel Co. v. Albuquerque Hotel Co.New Mexico Supreme Court · 1933
  4. Griffin v. ErskineSupreme Court of Iowa · 1906
  5. Dobbins v. EdmondsMissouri Court of Appeals · 1885

54 more not listed; retrieve them via the Exa API.

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