Abbott v. Draper
New York Supreme Court
Error to Columbia C. P. The parties joined issue before a justice of the peace, Abbott being plaintiff, and Draper defendant. The declaration was for goods sold and delivered, and the money counts: plea, the general issue.
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Error to Columbia C. P. The parties joined issue before a justice of the peace, Abbott being plaintiff, and Draper defendant. The declaration was for goods sold and delivered, and the money counts: plea, the general issue. The cause was tried in December, 1843. The case was this: in October, 1842, the defendant agreed to sell the plaintiff a strip of land about six feet wide, and running back to the water, for the sum of §60; one half of which the plaintiff was to pay in money, and the other half in goods out of his store. The goods were to be delivered immediately, as they might be called…
1Opinion of the Court
By the Court, Bronson, Ch. J.
As the writing which was prepared was not signed, there was nothing more than a parol contract for the sale of the land, which was void by the statute of frauds. But still the parties have acted under the contract as though it were valid ; and the plaintiff has received a benefit from it. He entered into the possession and enjoyment of the land; and there is nothing to show that he is not still in possession. It would be strange indeed if he could recover in this *53action on the ground that the contract was void; while he continues to receive advantage from it as a…
2Cases cited1 opinion
- Dowdle v. CampNew York Supreme Court · 1815
3Cited by55 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Harris v. . FrinkNew York Court of Appeals · 1872
- Galvin v. . PrenticeNew York Court of Appeals · 1871
- Day v. WilsonIndiana Supreme Court · 1882
- Lisk v. ShermanNew York Supreme Court · 1857
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