Sprague v. Blake
New York Supreme Court
Error from the Yates common pleas. Blake sued Sprague in a justice’s court, and declared in assumpsit for wheat sold and delivered. The defendant pleaded the general issue and gave notice of set-off, and claimed damages for non-performance of the contract by the plaintiff. The plaintiff obtained a verdict in the justice’s court, and the defendant appealed to the Yates common pleas. On the trial in that court, the following facts appeared.
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Error from the Yates common pleas. Blake sued Sprague in a justice’s court, and declared in assumpsit for wheat sold and delivered. The defendant pleaded the general issue and gave notice of set-off, and claimed damages for non-performance of the contract by the plaintiff. The plaintiff obtained a verdict in the justice’s court, and the defendant appealed to the Yates common pleas. On the trial in that court, the following facts appeared. In the summer of 1835, the defendant agreed to purchase the whole of a crop of wheat belonging to the plaintiff, estimated to amount to between three and…
1Opinion of the CourtBy the Courts Cowen, J.
The court below were right upon the evidence in charging the jury, that if the wheat was accepted by the defendant or his agent, they must find for the plaintiff the whole contract price. This was the only question that was at all open for the jury. If there had been no acceptance no action would lie. If there was an acceptance, it was obviously-connected with the special agreement, which fixed a price. It is said that was void by the statute of frauds. Be it so at the time 5 still it was good as a proposition of price, under which the plaintiff avowedly acted, and which the defendant did not…
2Cases cited2 opinions
- Hart v. WrightNew York Supreme Court · 1837
- Outwater v. DodgeNew York Supreme Court · 1831
3Cited by43 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Reed v. . RandallNew York Court of Appeals · 1864
- McCormick v. . SarsonNew York Court of Appeals · 1871
- Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
- Bagley v. Cleveland Rolling Mill Co.U.S. Circuit Court for the District of Northern New York · 1884
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