Bartlett v. Wheeler
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover damages' of the defendants for the non-performance of the parol agreement mentioned in the opinion of the court. The answer of the defendants was a general denial of the allegations of the complaint. The referee found as conclusions of law: First. That the first contract amounted to a sale, and not a bailment, and the title of the ten sheep vested in the defendants, on delivery.
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover damages' of the defendants for the non-performance of the parol agreement mentioned in the opinion of the court. The answer of the defendants was a general denial of the allegations of the complaint. The referee found as conclusions of law: First. That the first contract amounted to a sale, and not a bailment, and the title of the ten sheep vested in the defendants, on delivery. Second. That the second contract was void, because, 1st. It was not a sale of any sheep in esse; 2d. It was a contract for…
1Opinion of the Court
By the Court, James C. Smith, J.
The principal question in this case is, whether the agreement sued on is within that provision of the statute of frauds which makes void every oral agreement that, by its terms, is not to be performed within one year from the making thereof.
The report of the referee establishes the following facts: In October, 1855, the plaintiff let the defendants have ten sheep of a certain quality and grade of wool, to double in four years; that is, the defendants agreed to deliver to the plaintiff, at the end of four years, twenty sheep of as good quality and grade, but not…
2Cases cited3 opinions
- Broadwell v. GetmanNew York Supreme Court · 1846
- Pierce v. Estate of PaineSupreme Court of Vermont · 1855
- Talmadge v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1852
3Cited by8 opinions
- W. M. W. N.W. Ry. Co. v. WoodTexas Supreme Court · 1895
- Weatherford, Mineral Wells & Northwestern Railway Co. v. WoodTexas Supreme Court · 1895
- Williamsburg City Fire Insurance v. LichtensteinNew York Supreme Court · 1916
- Roberts v. Summit Park Co.New York Supreme Court · 1893
- Weir v. HillNew York Supreme Court · 1870
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