Baker & Perkins v. Cuyler
New York Supreme Court
This action was commenced in August, 1847. The declarar tion contained two counts, upon a special contract for the salo • and purchase of wheat, assigning as a breach a refusal to receive and pay for the wheat; also the common counts for goods bargained and sold, and sold and delivered.
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This action was commenced in August, 1847. The declarar tion contained two counts, upon a special contract for the salo • and purchase of wheat, assigning as a breach a refusal to receive and pay for the wheat; also the common counts for goods bargained and sold, and sold and delivered. It appeared upon the hearing before a referee, that .about the 1st of June, 1847, the .parties entered into a verbal contract, whereby the plaintiffs agreed to sell, and the defendant to purchase, all the wheat the plaintiffs had in their warehouse which should remain after Eease & Go. should take away 800…
1Opinion of the Court
By the Court,
T. R. Strong, J.
The contract between the parties when made, was clearly within the statute of frauds, and .void; and the taking of a portion of the wheat in the warehouse by the defendant, without the consent of the plaintiffs, did not, independent of the subsequent acts of the parties, relieve the contract from the operation of the statute. It is claimed, however, on the part of the plaintiffs, that the request afterwards made by them to the .defendant, to take away the balance of the wheat and pay them, and his promise to do so, had the effect to convert the act of the…
2Cases cited3 opinions
- McKnight v. DunlopNew York Supreme Court · 1848
- Sprague v. BlakeNew York Supreme Court · 1838
- H. F. & L. Seymour v. DavisThe Superior Court of New York City · 1848
3Cited by1 opinion
- Boutwell v. O'KeefeNew York Supreme Court · 1860