Allard v. . Greasert
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants entered upon a verdict. This action was brought to recover for a bill of hats and caps claimed to have been sold and delivered by the plaintiffs to the defendants.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants entered upon a verdict. This action was brought to recover for a bill of hats and caps claimed to have been sold and delivered by the plaintiffs to the defendants. The following were the facts: In June, 1869, an agent of the plaintiffs, who were a firm doing business in -Rochester, called upon the defendants, a firm at Medina, with samples of the plaintiffs’ goods. He showed them the samples, and gave them the price of each article. And they finally…
1Opinion of the Court
Earl, C.
The judge at the Circuit regarded this as an entire contract of sale, and not severable; and if he was right in this, he properly nonsuited the plaintiffs upon that ground. If it was an entire contract, within the meaning of the law, the plaintiffs could recover only by showing entire performance, by a full delivery of all the articles purchased. But it is not necessary, in this case, to determine whether this was an entire or a severable contract, because the defendants also moved for a nonsuit upon the ground that the contract of sale was void under the statute of frauds. Although…
2Cases cited4 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Rodgers v. . PhillipsNew York Court of Appeals · 1869
- Cross v. . O'DonnellNew York Court of Appeals · 1871
- Deland v. Richardson & RichardsonNew York Supreme Court · 1847
3Cited by21 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Taylor v. MuellerSupreme Court of Minnesota · 1883
- Hausman v. NyeIndiana Supreme Court · 1878
- Wilcox Silver Plate Company v. . GreenNew York Court of Appeals · 1878
- First National Bank v. McAndrewsMontana Supreme Court · 1885
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