F. Kieser & Son Co. v. Hallock
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, F. Kieser & Son Co., Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tioga on the 29th day of September, 1921, upon the report of a referee appointed to hear and determine the issues, dismissing the complaint.
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Appeal by the plaintiff, F. Kieser & Son Co., Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tioga on the 29th day of September, 1921, upon the report of a referee appointed to hear and determine the issues, dismissing the complaint. The action is brought to recover the purchase price of a carload (thirty tons) of linseed meal, called also oil meal, to be shipped to the defendant during the latter half of September, 1920, at, the agreed price of sixty-five dollars per ton; the defendant to pay the freight from…
1Opinion of the Court
Van Kirk, J.:
The contract of sale was oral. The value of the meal was more than fifty dollars; no part of it was accepted and received by defendant; no part of the purchase price was paid; and no written memorandum was signed by the plaintiff. The defendant has pleaded the Statute of Frauds as a defense. About October 18,1920, the plaintiff sent defendant a written invoice of the shipment, which contained all of the essential elements of a memorandum of the contract. This invoice was received by the defendant and the plaintiff claims that it, with the two telegrams sent to plaintiff by…
2Cases cited3 opinions
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Drake Hardware Co. v. DewittAppellate Division of the Supreme Court of the State of New York · 1911
- Pierson & Co. v. American Steel Export Co.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by2 opinions
- Broom v. JoselsonAppellate Division of the Supreme Court of the State of New York · 1924
- W. F. Hall Printing Co. v. Wells Warehouse & Forwarding Co.Appellate Court of Illinois · 1926