Citation Numbers: 65 Barb. 589, 1 Thomp. & Cook 126
Judges: Smith
Filed Date: 6/3/1873
Status: Precedential
Modified Date: 1/13/2023
The contract of sale in this" case being by paroi, and no part of the purchase money actually paid by the vendee at the time of the purchase, the question presented, and the only one, in this case is, whether the contract was taken out of the statute by the delivery and acceptance of the-sheep sold.
In Shindler v. Houston, (1 N. Y. 261,) which is a leading case in this State upon this question, it was held that “to constitute a delivery and acceptance of goods, such as the statute requires, something more than mere
Mullin, Talcott and E. I). Smith, Justices.]
The whole question in respect to the acts of tire parties relating to this question of the delivery and acceptance of the sheep was fairly submitted to the jury, and their verdict, I think, cannot properly be disturbed.
lío error, I think, occurred on the trial, and the order denying the motion for a new trial should be affirmed.