Mackie v. Egan

Citations

• 26 N.Y.S. 13
• 6 Misc. 95
• 55 N.Y. St. Rep. 493

Syllabus

<p>1. Contract of Sale—Performance by Seller.</p> <p>Tender of delivery order for goods with bailee at the place of delivery Is sufficient performance by vendor of his contract to maintain action for goods sold and delivered.</p> <p>2. Same—Statute of Frauds.</p> <p>Receipt and acceptance by vendee of part of goods sold takes the case out of the statute of frauds.</p> <p>8. Appeal from City Court—Review.</p> <p>On appeal from judgment of city court the common pleas is confined to the correction of errors of law raised upon the record by proper exception.</p> <p>(Syllabus by the Court.)</p>