Reed v. Latham
Supreme Court of Connecticut
Assumpsit, for breach of a contract to deliver a quantity of cider brandy; brought to the Superior Court in the county of New Haven. The following facts were found by a committee : In the latter part of June, 1871, the defendant, who resided iu Granby in this state, employed one Willis Phelps of Granby to sell for him the brandy in question, and delivered to him a sample of it for the purpose.
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Assumpsit, for breach of a contract to deliver a quantity of cider brandy; brought to the Superior Court in the county of New Haven. The following facts were found by a committee : In the latter part of June, 1871, the defendant, who resided iu Granby in this state, employed one Willis Phelps of Granby to sell for him the brandy in question, and delivered to him a sample of it for the purpose. At the same time Phelps told the defendant that he had been selling brandy at the rate of $1.50 per gallon, and that that was the probable market price; to which the defendant made no objection. It was…
1Opinion of the CourtPark, J.
The contract of sale, in this case, was clearly within the statute of frauds at the time it was made. The plaintiffs concede this, but they insist that the note or memorandum of the sale, signed two months after the sale was made, by the agent who negotiated the sale for the defendant, relieved the contract of the objection arising from the statute of frauds. But it appears in the case that, previously to the signing of the memorandum, the defendant on two different occasions refused to forward the goods when requested so to do by a messenger sent by the plaintiffs. The defendant thereby…
2Cited by3 opinions
- Morris Cohon & Co. v. RussellNew York Court of Appeals · 1969
- Terwilliger v. Ontario, Carbondale & Scranton RailroadNew York Court of Appeals · 1896
- Morris Cohon & Co. v. RussellAppellate Division of the Supreme Court of the State of New York · 1968