Calkins v. Falk
New York Court of Appeals
William B. Calkins sued Abram Falk in the supreme court, to recover for the breach of an executory agreement alleged to have been made by defendant, with plaintiff’s assignor, James E. Sutphen, for the sale by defendant to Sutphen of a crop of hops. The only question was whether there was sufficientproof of an agreement under the statute of frauds.
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William B. Calkins sued Abram Falk in the supreme court, to recover for the breach of an executory agreement alleged to have been made by defendant, with plaintiff’s assignor, James E. Sutphen, for the sale by defendant to Sutphen of a crop of hops. The only question was whether there was sufficientproof of an agreement under the statute of frauds. Instead of a bought note and a sold note signed by the buyer and seller respectively, there were two duplicates, alike except signatures and the spelling of defendant’s name. They were as follows: “ Seward, Aug. 31st, 1860. , " I have this day sold…
1Opinion of the CourtJames, J.
A nonsuit should have been directed on the trial; the eydence failed to establish a legal contract binding on the defendant.
By the statute of frauds, 2 R. S. 136, § 3, it is declared that: “ Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, *293unless, 1. A note or memorandum of such contract he made in writing, and he subscribed by the parties to be charged thereby; or, 2. Unless the buyer shall accept and receive part of such goods,” &c.; “ or, 3. Unless the buyer shall, at the time, pay some part of the purchase…
2Cases cited2 opinions
- Justice v. . LangNew York Court of Appeals · 1870
- Bailey v. OgdenNew York Supreme Court · 1808
3Cited by6 opinions
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- Ward v. . HasbrouckNew York Court of Appeals · 1902
- Tobias v. LynchAppellate Division of the Supreme Court of the State of New York · 1920
- Zilmaur Realty Corp. v. PinkneyAppellate Division of the Supreme Court of the State of New York · 1924
- Schwartz v. VigdenAppellate Division of the Supreme Court of the State of New York · 1924
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