Joy v. Schloss
City of New York Municipal Court
Appeal from a judgment for the defendant entered upon a dismissal of the complaint at the trial. John D. W. Joy and another, partners, sued Nathan J. Schloss and another, partners, for damages for breach of defendants’ contract to buy goods of the plaintiffs. The material facts appear in the opinion.
1Opinion of the CourtHawes, J.
The facts affecting the only question presented upon this appeal are few.
The defendants contracted with the plaintiffs for the manufacture of certain cotton and woolen goods, *374known as Salisbury suitings, to be delivered in April and May, 1883. Defendants refused to accept the goods, or to perform the contract on their part, and this action was brought to recover damages for such failure.
The defendants claim that it was strictly a sale of goods, and that it was within the inhibition of the statute of frauds, as there was no memorandum in writing, and no money was paid on account. The…
2Cases cited9 opinions
- Cooke v. . MillardNew York Court of Appeals · 1875
- Parsons v. . LoucksNew York Court of Appeals · 1871
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Sewall v. FitchNew York Supreme Court · 1828
- Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
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