Ferren v. O'Hara
New York Supreme Court
APPEAL by the plaintiff from a j udgment of nonsuit, ordered on the trial at the circuit, before Justice Morgan without a jury. The plaintiff alleged, in his complaint, that on or about the first day of March, 1860, at Syracuse, the "plaintiff, at the request of the defendant, agreed to sell to said defendant all the malt which the plaintiff then had, and all that he should make up to the first of November, 1860, at and for the price, of 93J cents per bushel of 32 pounds.
Read the full summary
APPEAL by the plaintiff from a j udgment of nonsuit, ordered on the trial at the circuit, before Justice Morgan without a jury. The plaintiff alleged, in his complaint, that on or about the first day of March, 1860, at Syracuse, the "plaintiff, at the request of the defendant, agreed to sell to said defendant all the malt which the plaintiff then had, and all that he should make up to the first of November, 1860, at and for the price, of 93J cents per bushel of 32 pounds. That the defendant, in pursuance of such agreement, continued to receive and pay for such malt until about the first of…
1Opinion of the Court
By the Court,
Mullin, J.
If the contract set out in the complaint in this case is void by the statute of frauds, it is by virtue of that clause of it relating to the sale of goods, wares and merchandise, and which requires a memorandum in writing, unless there is delivery and acceptance, or earnest paid. It was decided in Clayton v. Andrews, (4 Burr. 2101,) that an agreement to sell and deliver to the plaintiff one load and a half of wheat within three or four weeks, to be paid for on delivery, was valid. The wheat was understood by the parties to be unthreshed, and it was held the agreement…
2Cases cited5 opinions
- Crookshank v. BurrellNew York Supreme Court · 1820
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Donovan v. WillsonNew York Supreme Court · 1857
- Bronson v. WimanNew York Supreme Court · 1851
- Robertson v. VaughnThe Superior Court of New York City · 1850
3Cited by1 opinion
- Berdell v. BerdellNew York Supreme Court · 1879