Giles v. Bradley
New York Supreme Court
This was a special action on the case, brought to recover back the purchase-money of a negro slave, sold by the defendant’s testator to the plaintiff. A verdict was found for the plaintiff, subject to the opinion of the court, on the following case.
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This was a special action on the case, brought to recover back the purchase-money of a negro slave, sold by the defendant’s testator to the plaintiff. A verdict was found for the plaintiff, subject to the opinion of the court, on the following case. On the 19th November, 1793, the plaintiff purchased of the defendant’s testator a negro slave for 200 dollars, for the payment of which sum the plaintiff executed to the defendant’s testator a single bill, payable in five months, with interest; and the bill was afterwards paid by the plaintiff. At the time of the purchase, it was agreed between…
1Opinion of the CourtRadcliff, J.
This action is well brought. There can be no doubt but that a contract may be so made as to be optional on one of the parties, and obligatory on the other, or obligatory at the election *254of one of them. (Dong. 23. 1 Term Rep. 132, 133. Cowp. 818.)(a) The convenience of parties, in cases like the present, may often require such terms; and there are frequent instances of such agreements being held valid in law. Considering them as valid, I can see nothing in the present case to preclude the plaintiff from a recovery. This is not the case of a written contract. It was wholly by parol, and does…
2Cited by4 opinions
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- James Maccalum Printing Co. v. Graphite Compendius Co.Missouri Court of Appeals · 1910
- Doyle v. EdwardsSouth Dakota Supreme Court · 1902
- Emerson v. Associated Gas & Electric Co.New York Supreme Court · 1933