Marsh v. . Rouse
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the fifth district, affirming a judgment entered upon the report of a referee.
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Appeal from an order of the General Term of the Supreme Court, in the fifth district, affirming a judgment entered upon the report of a referee. The facts of this ease, as found by the referee, are substantially as follows: On Wednesday, the 13th day of January, 1864, the plaintiffs were partners in business in the city of Syracuse, and on that day the defendants were at their store and agreed to purchase of the plaintiffs, and the plaintiffs agreed to sell them, 200 barrels of highwines at one dollar per gallon. This agreement was oral, and none of the property sold was delivered at that…
1Opinion of the Court
Gray, C.
The absence of a note or memorandum in writing, subscribed by the plaintiffs and defendants, of their contract' of the 13th of January, 1864, for the sale and purchase of the 200 barrels of high wines, or the acceptance and receipt of some portion of them by the defendants, or the payment by them of some portion of the purchase-money, rendered the contract void. The contract between the plaintiffs and Wood for the purchase of the 100 barrels lacked the same elements of vitality, and was, therefore, worthless when it was made; and unless the defendants’ subsequent directions to Wood to…
2Cases cited2 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Rodgers v. . PhillipsNew York Court of Appeals · 1869
3Cited by15 opinions
- Hinchman v. LincolnSupreme Court of the United States · 1888
- Young v. . IngalsbeNew York Court of Appeals · 1913
- Devine v. WarnerSupreme Court of Connecticut · 1903
- Brown v. SheedyOregon Supreme Court · 1918
- Chicago Metal Refining Co. v. Jerome Trading Co.Appellate Court of Illinois · 1920
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