Scully v. Smith
Appellate Division of the Supreme Court of the State of New York
■ Appeal by- the . defendants, Joel D. Smith and another, from a judgment of the Supreme Court in'favor of the plaintiff, entered in tlie office of the clerk of the county of Columbia on the 27th day of December, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of ■December, 1904, denying the defendants’ motion for a new trial ■ made upon the minutes.' ■'*. * In thé fall- of 1903 one William Sweet made a verbal agreement…
Read the full summary
■ Appeal by- the . defendants, Joel D. Smith and another, from a judgment of the Supreme Court in'favor of the plaintiff, entered in tlie office of the clerk of the county of Columbia on the 27th day of December, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of ■December, 1904, denying the defendants’ motion for a new trial ■ made upon the minutes.' ■'*. * In thé fall- of 1903 one William Sweet made a verbal agreement with the plaintiff to purchase his crop of rye straw for twenty dollars.a ton. The straw was to be paid for in cash as…
1Opinion of the Court
Smith, J.:
Defendants urge two grounds of exemption frorri liability: First, that Sweet was not acting as their' agent in the purchase of plaintiff’s straw ; secondly, that the contract is void under the Statute of Frauds. (See Pers. Prop. Law [Laws of 1897, chap. 417], § 21.) It is unnecessary to discuss the question first raised because in our judgment plaintiff has not proven a sufficient delivery and acceptance of the straw to meet the requirements of the statute that a sale of personal property of fifty dollars or more in value must be evidenced by a writing unless accompanied by a…
2Cases cited3 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Rodgers v. . PhillipsNew York Court of Appeals · 1869
- Cooke v. MillardNew York Supreme Court · 1871
3Cited by1 opinion
- Drake Hardware Co. v. DewittAppellate Division of the Supreme Court of the State of New York · 1911