Aldrich v. Pyatt
New York Supreme Court
APPEAL by the defendant from a judgment of the county court of Ontario county, and from an order denying a motion for a new trial.
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APPEAL by the defendant from a judgment of the county court of Ontario county, and from an order denying a motion for a new trial. The action originated in a justice’s court, where the plaintiff, in his complaint, alleged that on or about the 31st day of October, 1869, at Farmington, Ontario county, the plaintiff, and the defendant, by his agent, made an agreement, by which the plaintiff sold to the defendant, and the defendant purchased of the plaintiff, a quantity of apples and his crop of two-rowed barley, supposed to be about two hundred bushels, at the price of $1 a bushel. That by the…
1Opinion of the Court
By the Court, B. Darwin Smith, J.
There is no particular dispute about the facts in this case. The witness Holmes was confessedly the agent of the de*387fendant for the purchase of barley and appj.es at the time when he made the contract for the purchase of those articles of the plaintiff, as stated in the pleadings and in the testimony of the plaintiff. The contract for the purchase of the barley and the apples was made at the same time and in the same conversation, and would have been unquestionably a valid contract for the sale, both of the barley and the apples, independently of the statute of…
2Cases cited2 opinions
- Mills v. HuntNew York Supreme Court · 1838
- Keeler v. VandervereNew York Supreme Court · 1871
3Cited by3 opinions
- Azema v. LevyCity of New York Municipal Court · 1889
- Brock v. KnowerNew York Supreme Court · 1885
- Mommer v. FriedlanderCity of New York Municipal Court · 1886