Seamans v. . Barentsen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 5, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract alleged as well as the contract proven was within the Statute of Frauds.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 5, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract alleged as well as the contract proven was within the Statute of Frauds. (Hartwell v. Young, 67 Hun, 472; Billington v. Cahill, 51 Hun, 132; Oddy v. James, 48 N. Y. 685; Gordon v. Nieman, 118 N. Y. 152; Sherman v. Pedrick, 35 App. Div. 15; Wahl v. Barnum,…
1Opinion of the Court
Cullen, Ch. J.
Plaintiff declared on an oral contract made in the latter part of March, 1900, whereby the defendant for a term of one year commencing on the first day of April, 1900, agreed to purchase the milk produced on the plaintiff’s farm at a specified price, and claimed to recover damages for a breach of said agreement. The defendant answered making a general denial and pleading specially the Statute of Frauds. When the case was brought on for .trial the defendant moved for judgment on the pleadings on the ground that the agreement declared upon was void under the Statute of Frauds. The…
2Cases cited1 opinion
- Crane v. . PowellNew York Court of Appeals · 1893
3Cited by11 opinions
- Russell v. Societe Anonyme Des Etablissements AeroxonNew York Court of Appeals · 1935
- Raoul v. Olde Village Hall, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Berg v. BatesAppellate Division of the Supreme Court of the State of New York · 1912
- Guinzburg v. JosephAppellate Division of the Supreme Court of the State of New York · 1910
- Magee v. FishAppellate Division of the Supreme Court of the State of New York · 1916
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