Bardwell v. Roberts
New York Supreme Court
I 1ST the summer or autumn of 1870 the plaintiff entered into a contract with Greorge Gr. Baker, to skid and draw to the plaintiff’s saw-mill, in Rem sen, Oneida county, a-quantity of saw logs. Baker wanted a yoke of cattle to enable him to perform his contract. One Hughes had a pair that would answer Baker’s purpose, that he offered to sell to Baker for $190, but declined to take Baker’s note therefor.
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I 1ST the summer or autumn of 1870 the plaintiff entered into a contract with Greorge Gr. Baker, to skid and draw to the plaintiff’s saw-mill, in Rem sen, Oneida county, a-quantity of saw logs. Baker wanted a yoke of cattle to enable him to perform his contract. One Hughes had a pair that would answer Baker’s purpose, that he offered to sell to Baker for $190, but declined to take Baker’s note therefor. Baker then applied to the plaintiff to aid him in purchasing the cattle, by joining with him in a note for the price. The plaintiff says that he went with Baker to see the cattle,.but refused…
1Opinion of the Court
By the Court,
Mullin, P. J.
Were it not for the statute of frauds, all verbal sales of goods and chattels would be valid. That statute declares all sales of goods, &c., for the price of $50 or upwards void unless a memorandum of the sale, in writing, is made and signed by the parties, or the property, or some part of it, be ac*436cepted by the buyer, or he pay part of the purchase money. (2 Stat. at Large, 140, § 3.)
If a sale is valid when there is 'a delivery of part of the property, it is "not perceived why there may not. be a verbal mortgage, when the property is delivered to the mortgagee. It…
2Cases cited1 opinion
- Ferguson v. Union Furnace Co.New York Supreme Court · 1832
3Cited by1 opinion
- Ceas v. BramleyNew York Supreme Court · 1879