Wilson v. . Lewiston Mill Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 26,1893, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 26,1893, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The Statute of Frauds of the state of Maine contains the following provision: “ Flo contract for the sale of goods,, wares or merchandise for $30 or more shall be valid unless the purchaser accepts and receives part of the goods, or gives something in earnest to bind the…
1Opinion of the CourtHaight, J.
This action was brought to recover damages, for an alleged breach of contract to purchase 1,000 bales of cotton of the plaintiffs, to be delivered to the defendant at Lewiston, Me. The answer contained a general denial, an allegation to the effect that the alleged contract was within the Maine Statute of Frauds and that by a custom of the cotton trade no contract of sale arose under an offer unless accepted on the same day that the offer was made. The. plaintiffs were cotton brokers engaged in business in the city of Yew York; the defendant, a manufacturing corporation located at Lewiston, Me.
2Cases cited18 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
13 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Auten v. AutenNew York Court of Appeals · 1954
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Morris Cohon & Co. v. RussellNew York Court of Appeals · 1969
- Haag v. BarnesNew York Court of Appeals · 1961
51 more not listed; retrieve them via the Exa API.