Jackson v. . Tupper
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 31,1884, which denied a motion for a new trial, and directed judgment on a verdict. This action was brought to recover damages for an alleged breach of warranty in a contract of sale.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 31,1884, which denied a motion for a new trial, and directed judgment on a verdict. This action was brought to recover damages for an alleged breach of warranty in a contract of sale. The facts are stated in the case as follows : The defendants, at West Troy, 1ST. Y., on the 28th day of February, 1880, orally sold to the plaintiffs about eight hundred tons of ice, which was being cut at Round pond, near Glens Falls, hf. Y., and agreed to place the same in a house…
1Opinion of the CourtAndrews, J.
It is conceded that the oral contract of I'ebriv ary 28, 1880, for the sale and storage of the ice was when made, void under the statute of frauds. It must also be conceded under the decisions in this State, that it was'not validated by the payment made in May, 1880. By our statute, payment operates to take an oral contract for the sale of goods for the price of $50 or more out of the statute, only when it is made at the time of the contract. (2 R. S. 136, § 3.) The decisions have construed this provision of the statute with great strictness. (Hunter v. Wetsell, 57 N. Y. 375; S. C., 84 id.…
2Cases cited2 opinions
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Hunter v. . WetsellNew York Court of Appeals · 1874
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- Colton v. RaymondCourt of Appeals for the Second Circuit · 1902
- Raymond v. ColtonCourt of Appeals for the Second Circuit · 1900
- Cambreleng v. GrahamNew York Supreme Court · 1894
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