Donovan v. Willson
New York Supreme Court
MOTION for a new trial, upon exceptions which were ordered to he heard at the general term in the first instance. The complaint alleged that on the 26th of September, 1854, John McElrone and Matthew Gorman entered into a contract with the defendant, by which the defendant agreed to manufacture, furnish and deliver to said McElrone & Gorman 60 barrels of beer, each and every week, from said 26th day of September, 1854, until the 1st day of April, 1855, and 90 barrels of beer…
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MOTION for a new trial, upon exceptions which were ordered to he heard at the general term in the first instance. The complaint alleged that on the 26th of September, 1854, John McElrone and Matthew Gorman entered into a contract with the defendant, by which the defendant agreed to manufacture, furnish and deliver to said McElrone & Gorman 60 barrels of beer, each and every week, from said 26th day of September, 1854, until the 1st day of April, 1855, and 90 barrels of beer each and every week thereafter, until the expiration of one year from the time said contract was entered into. It was…
1Opinion of the Court
By the Court, T. R. Strong, J.
The principle that a contract for the delivery at a future day of an article to be thereafter manufactured is not a contract for the sale of goods, within the statute of frauds, but for work and labor only, was adopted in this state in Bennett v. Hull, (10 John. 364,) and followed in Crookshank v. Burrell, (18 id. 58,) and also in Sewall v. Fitch, (8 Cowen, 215.) The latter case closely resembles the present. The action was upon a contract for the delivery of nails which were not on hand at the time of the contract, but were to be made thereafter; It was held…
2Cases cited3 opinions
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Bennett v. HullNew York Supreme Court · 1813
- Courtright v. StewartNew York Supreme Court · 1854
3Cited by12 opinions
- Cooke v. . MillardNew York Court of Appeals · 1875
- Parsons v. . LoucksNew York Court of Appeals · 1871
- Meincke v. FalkWisconsin Supreme Court · 1882
- Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
- Roubicek & Zobel v. HaddadSupreme Court of New Jersey · 1902
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