Stone v. . Browning
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiffs, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiffs, entered upon a verdict. The case upon a former appeal is reported in 51 Rew York, 211. The complaint in this action alleged the sale by plaintiffs to defendants of sixty-five cases containing about 33,132 yards of “ sky-blue kerseys ” at one dollar and twenty-five cents per yard, to be paid for by defendants’ promissory notes at four months; that plaintiffs delivered the goods in pursuance of the contract of sale and demanded the notes, but defendants…
1Opinion of the CourtRapallo, J.
After a careful examination of the testimony in this case, we are satisfied that there was no evidence of an acceptance of the goods in controversy by the defendants, which would take this case out of the operation of the statute of frauds, and that the motion for a nonsuit made upon that ground should have been granted. It is conclusively established that by the terms of the verbal contract of sale, the goods were to be examined by the defendants, before closing the transaction by giving their notes for the price, and that such examination was to be made at the store of the defendants. This…
2Cases cited1 opinion
- Stone v. . BrowningNew York Court of Appeals · 1872
3Cited by35 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Drake v. . SeamanNew York Court of Appeals · 1884
- Gendelman v. MongilloSupreme Court of Connecticut · 1921
- Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
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