Mattice v. Allen
New York Court of Appeals
This action was brought to recover damages of the defendants for the breach of an alleged agreement made by them with the plaintiff to purchase of him a quantity of barley for a price exceeding fifty dollars. ' The only question involved is, whether the contract was valid, or whether made void by the statute of frauds.
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This action was brought to recover damages of the defendants for the breach of an alleged agreement made by them with the plaintiff to purchase of him a quantity of barley for a price exceeding fifty dollars. ' The only question involved is, whether the contract was valid, or whether made void by the statute of frauds. The only ground upon which it is claimed there was a compliance with the statute is, that a part of the purchase-money was paid upon the making of the contract. The facts upon which this claim is based are, that before the making of the contract, the plaintiff borrowed of the…
1Opinion of the CourtGrover, J.
The precise question presented by the defendants’ motion for a nonsuit was decided against the plaintiff by this court, in Brabin v. Hyde (32 N. Y. 519). In that case, the purchaser had a debt of upward of $200 against the seller, and made a verbal contract to purchase from him a mare and colt for $175, and to apply the purchase-money in payment of the debt. This court held, that the agreement so to apply the purchase price was not a payment at the time of making the contract within the last clause of section three, 2 Eevised Statutes, 136. In the present case, the defendants’ agent, who made…
2Cases cited2 opinions
- Brabin v. . HydeNew York Court of Appeals · 1865
- Davis v. . SpencerNew York Court of Appeals · 1862
3Cited by6 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Krohn v. BantzIndiana Supreme Court · 1879
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
- Matthiessen & Weichers Refining Co. v. McMahon's AdministratorSupreme Court of New Jersey · 1876
- Walrath v. RichieNew York Supreme Court · 1872
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