9 Daly 363 | New York Court of Common Pleas | 1880
The defendants made an oral contract with the plaintiff for the purchase of a scale of the Fairbanks’ patent, for the sum of sixty dollars. It is conceded that the .contract would be void, under the statute of frauds, unless there has been an acceptance and a receipt of the scale by the purchasers. The scale was seen and selected by the defendants before the purchase, so that there is no doubt of the acceptance.
Charles P. Daly, Ch. J., and J. F. Daly, J., concurred.
Judgment affirmed, with costs.