French v. Schoonmaker
Supreme Court of New Jersey
On demurrer to declaration. This action is brought to recover damages for the breach of a contract, which is thus set out in the plaintiffs’ declaration: “The defendant bargained for and agreed to purchase from Phineas M. French [plaintiffs’ testator], in his lifetime, a certain claim of the said Phineas M. French against the Plainfield Poultry Farm Company, amounting to the sum of $845.11, with interest thereon from-the 23d day of September, 1899, and to pay to the said…
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On demurrer to declaration. This action is brought to recover damages for the breach of a contract, which is thus set out in the plaintiffs’ declaration: “The defendant bargained for and agreed to purchase from Phineas M. French [plaintiffs’ testator], in his lifetime, a certain claim of the said Phineas M. French against the Plainfield Poultry Farm Company, amounting to the sum of $845.11, with interest thereon from-the 23d day of September, 1899, and to pay to the said Phineas M. French the amount of the said claim, on the consideration that he, tíre said Phineas M. French, would put the…
1Opinion of the Court
The opinion of the court was delivered by
Gummere, Chief Justice.
The contract sued upon is for the purchase and sale of a chose in action, a debt due from the Plainfield Poultry Farm Company to the plaintiffs’ testator; and the ground upon which the demurrer is rested is that such an agreement is invalid, under the sixth section of the statute of frauds, which declares that a contract for the sale of goods, wares and merchandise for the price of $30 and upwards shall be void unless in writing.
The question whether an agreement to assign a debt due to the assignor, whether it be a simple…
2Cases cited1 opinion
- Greenwood v. LawSupreme Court of New Jersey · 1892
3Cited by2 opinions
- In Re DeesCalifornia Court of Appeal · 1920
- Culp v. HolbrookIndiana Court of Appeals · 1920