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…
1Concurrence
H. T. Kellogg, J. (concurring):
An oral contract to sell goods of the value of fifty dollars or upwards is not “ enforceable by action unless the buyer shall accept part of the goods, * * * and actually receive the same.” (Pers. Prop. Law, § 85, subd. 1, as added by Laws of 1911, chap. 571.) “ There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.” (Pers. Prop. Law, § 85, subd. 3, as added by Laws of 1911, chap. 571.) The contract…
2Cases cited5 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Stone v. . BrowningNew York Court of Appeals · 1877
- Rodgers v. . PhillipsNew York Court of Appeals · 1869
- Drake Hardware Co. v. DewittAppellate Division of the Supreme Court of the State of New York · 1911