Good v. Curtiss
New York Supreme Court
This action was brought to recover the price of certain work and' labor performed, and materials furnished, by the . plaintiff for. the defendants, at their request. The defendants defense consisted of an account for iron, and other, things, alleged to have been sold and delivered to the plain-, tiff, at his request, and which they endeavored to set off against his demand on the trial of this action.
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This action was brought to recover the price of certain work and' labor performed, and materials furnished, by the . plaintiff for. the defendants, at their request. The defendants defense consisted of an account for iron, and other, things, alleged to have been sold and delivered to the plain-, tiff, at his request, and which they endeavored to set off against his demand on the trial of this action. This was rejected by the referee before whom the trial was had, and various exceptions were taken to Ms rulings by the defendants. The evidence, on the part of the defendants, proved that about…
1Opinion of the Court
By the court, Daniels, J.
If the agreement made between defendants and the plaintiff for the sale and delivery of the iron and copper was binding upon the parties, it was sufficient to constitute a sale of the property, as distinguished from a mere agreement to sell; for nothing further was to be done on the part of the vendee, as between them and the purchaser, and where that is shown to be .the case, the title to the property passes to the purchaser, even though it may still be necessary for the vendee to weigh it in order to ascertain the aggregate price he may be liable to pay for it under…
2Cases cited1 opinion
- Sprague v. BlakeNew York Supreme Court · 1838
3Cited by3 opinions
- John Thallon & Co. v. Edsil Trading Corp.New York Court of Appeals · 1951
- John Thallon & Co. v. Edsil Trading Corp.New York Court of Appeals · 1951
- Van Woert v. Albany & Susquehanna RailroadNew York Supreme Court · 1873