Peltier v. Collins
New York Supreme Court
Error from the New-York common pleas. J. & E. Colins sued Peltier in the common pleas, in an action of assumpsit to recover damages for the breach of a contract in . . . . - . - . „ . , not receiving and paying tor a quantity ot rice alleged to have been sold by the plaintiffs to the defendant. The plaintiffs , , i-, i recovered a verdict and entered judgment, which was brought into this court by writ of error, on a bill of exceptions taken at the trial.
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Error from the New-York common pleas. J. & E. Colins sued Peltier in the common pleas, in an action of assumpsit to recover damages for the breach of a contract in . . . . - . - . „ . , not receiving and paying tor a quantity ot rice alleged to have been sold by the plaintiffs to the defendant. The plaintiffs , , i-, i recovered a verdict and entered judgment, which was brought into this court by writ of error, on a bill of exceptions taken at the trial. One J. J. Werth, a produce broker in the city of New-York, on the Ilth April, 1826, shewed to the defendant several samples of rice which he…
1Opinion of the Court
By the Court,
Mabcy, J.
It is quite evident that the plaintiffs below could not recover on a contract without warranty, because the defendant never authorised the agent to make a contract of that description. The writing did not shew such a purchase as the agent was authorised to make or as he did in fact make. Did the judge err in allowing the warranty to be proved by parol 1
This contract is within the 15th section of the statute of frauds, and to be binding must be in writing. Roberts says, that the written agreement or memorandum must set forth distinctly the terms of the contract or…
2Cited by13 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- McCray Refrigerator & Cold Storage Co. v. Woods & ZentMichigan Supreme Court · 1894
- Gallagher v. WaringNew York Supreme Court · 1832
- Wagniere v. DunnellSupreme Court of Rhode Island · 1909
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