Bissell v. . Balcom
New York Court of Appeals
Appeal from order of the Supreme Court in General Term, in the Seventh District, setting aside a verdict and awarding a new trial. ■The action is brought to recover the - price of fifteen head of cattle, alleged to have been sold and delivered by the Plaintiff to the Defendant, on the 29th of August, 186 It The answer put in issue every material allegation in the complaint, and alleged that at the time of the alleged sale the Plaintiff was to feed, pasture, and take good…
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Appeal from order of the Supreme Court in General Term, in the Seventh District, setting aside a verdict and awarding a new trial. ■The action is brought to recover the - price of fifteen head of cattle, alleged to have been sold and delivered by the Plaintiff to the Defendant, on the 29th of August, 186 It The answer put in issue every material allegation in the complaint, and alleged that at the time of the alleged sale the Plaintiff was to feed, pasture, and take good care of the cattle, and deliver them to the Defendant on or before the first of December, 1861, and that he did not take…
1Opinion of the CourtWoodruff, J.
The jury have found, in this case, that the transaction between the Plaintiff and Defendant was not a mere executory contract to sell and deliver at a future day.
There was evidence to justify the submission of that question to the jury, and sufficient to sustain their finding. The Plaintiff’s testimony is in terms to an absolute sale. A complete meeting of the minds of the parties upon the fact of sale, and the price to be paid, and the right of the Defendant to take the cattle when he saw fit, and to this there is no contradiction. The Defendant’s testimony on this point corroborates the…
2Cited by14 opinions
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- Young v. . IngalsbeNew York Court of Appeals · 1913
- Wheless v. Meyer-Schmid Grocer Co.Missouri Court of Appeals · 1909
- Weir v. HudnutIndiana Supreme Court · 1888
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