19 Wend. 550 | N.Y. Sup. Ct. | 1838
By the Court,
The first sale was made 18th December, 1830. The statute, 2R. S. 136, § 4, which took effect on the first day of January preceding the sale, provides that “ whenever goods shall be sold at public auction, and the auctioneer shall, at the time of sale, enter in a sale book, a memorandum, specifying the nature and price of the property sold, the terms of the sale, the name of the purchasers, and the name of the person on whose account the sale was made, such memorandum shall be deemed a note of the contract of sale within the meaning of the last section.” That section makes void every contract for the sale of goods unless certain terms therein prescribed are complied with. In this case the defendant, at the time of
Judgment affirmed.