Bissell v. Balcom
New York Supreme Court
MOTION "by the defendant for a new trial, on a case and exceptions,' ordered at the circuit to he heard at the general term, in the first instance. The complaint was on an executed contract for the sale and delivery of cattle hy the plaintiff to the defendant, and the plaintiff sought to recover the price. The answer was a general denial; that the plaintiff did not deliver the cattle; and that they were lost by the plaintiff’s negligence.
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MOTION "by the defendant for a new trial, on a case and exceptions,' ordered at the circuit to he heard at the general term, in the first instance. The complaint was on an executed contract for the sale and delivery of cattle hy the plaintiff to the defendant, and the plaintiff sought to recover the price. The answer was a general denial; that the plaintiff did not deliver the cattle; and that they were lost by the plaintiff’s negligence. On the trial it appeared that in August, 1861, the defendant came to the plaintiff’s house, to negotiate for the purchase of fifteen head of cattle,…
1Opinion of the CourtWelles, J.
The action was 'brought to recover the price of the cattle in question, as upon the sale and delivery thereof. After the plaintiff had given his evidence and rested, the defendant’s counsel moved for a nonsuit, on the grounds that the contract proved was void by the statute of frauds, inasmuch as there was no note or memorandum in writing, and there was no delivery of any part of the property bargained for, nor was any part of the purchase money paid at the time. Also, that the agreement proved was an executory contract for a future sale and delivery of the cattle, and 'the plaintiff had…
2Cases cited2 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Sprague v. BlakeNew York Supreme Court · 1838
3Cited by2 opinions
- Bates v. ChesebroWisconsin Supreme Court · 1873
- Webster v. ZiellyNew York Supreme Court · 1866