Parsons v. . Loucks
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, in the city of New York, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The action is to recover damages for an alleged breach of contract to manufacture and deliver a quantity of paper.
Read the full summary
Appeal from judgment of the General Term of the Superior Court, in the city of New York, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The action is to recover damages for an alleged breach of contract to manufacture and deliver a quantity of paper. The referee to whom this case was referred found, and reported as matter of fact: 1st. That on or about the 30th day of October, 1862, it was agreed between the plaintiffs and the defendants, who then were and still are copartners as paper manufacturers, that the defendants should manufacture and deliver to the…
1Opinion of the Court
Hunt, C.
The paper to be delivered was not in existence
at the time of the making of the contract in October, 1862. It was yet to be brought into existence by the labor and the science of the defendants. Of the 20,000, pounds to- be delivered, not an ounce had then been manufactured. It was all of it to be created by the defendants, and at their mill. In such a case it is well settled, that the statute of frauds, does not apply to the contract. The distinction is between the sale of goods in existence, at the time of making the contract, and an agreement to manufacture goods. The former is…
2Cases cited3 opinions
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Donovan v. WillsonNew York Supreme Court · 1857
- Bronson v. WimanNew York Supreme Court · 1851
3Cited by32 opinions
- Warren Chemical & Manufacturing Co. v. HolbrookNew York Court of Appeals · 1890
- Cooke v. . MillardNew York Court of Appeals · 1875
- Meincke v. FalkWisconsin Supreme Court · 1882
- Berman Stores Co. v. HirshNew York Court of Appeals · 1925
- Pratt v. MillerSupreme Court of Missouri · 1891
27 more not listed; retrieve them via the Exa API.