Drummond v. A. & N. Burrell
New York Supreme Court
Error from the Jefferson common pleas. Drummond contracted to work with the Messrs. Burrells, at the business of wagon making for two years, for which he was to receive $100&emdash;or $50 a year. He worked about six months, and then quit the employment of the Messrs. Burrells, who commenced a suit against him in a justice’s court, claiming damages for the non-performance of his contract, and also claiming to recover about $10 advances made to him while in their employment.
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Error from the Jefferson common pleas. Drummond contracted to work with the Messrs. Burrells, at the business of wagon making for two years, for which he was to receive $100&emdash;or $50 a year. He worked about six months, and then quit the employment of the Messrs. Burrells, who commenced a suit against him in a justice’s court, claiming damages for the non-performance of his contract, and also claiming to recover about $10 advances made to him while in their employment. The plaintiffs obtained a judgment before the justice. Thedefendant appealed to the Jcffersoncommonpleas, on the trial in…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The defendants’ counsel insisted, among other points, that the contract declared on was within the statute of frauds and void. The court charged the jury that the contract, as proved, was good and valid, and not within the statute of frauds. The defendants’ counsel excepted.
Whether the contract was within the statute is the only question. The statute, in so far as its effects this question, is as follows *. “ In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in in…
2Cases cited1 opinion
- Shute v. DorrNew York Supreme Court · 1830
3Cited by14 opinions
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- Paschall v. AndersonTexas Supreme Court · 1936
- Wilson v. MartinCourt for the Trial of Impeachments and Correction of Errors · 1845
- Fall v. HazelriggIndiana Supreme Court · 1874
- Scoggin v. BlackwellSupreme Court of Alabama · 1860
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