Terney v. Doten

Citations

• 70 Cal. 399
• 11 P. 743
• 1886 Cal. LEXIS 801

Syllabus

<p>Sale—Contract for Sale of Horses—Statute of Frauds—Acceptance and Receipt of Part.—The defendants agreed verbally to sell the plaintiff one hundred unbroken horses, at a specified price each, out of a band of horses belonging to them, then running at large. The contract provided that the defendants were to gather up a number of the horses of the band from time to time, from which the plaintiff was to select a certain number, and commence breaking them, after which the number so selected and broken were to be turned into the defendants’ pasture, and another selection made in like manner until the whole number agreed to be sold should be gathered up, selected, and broken. Thereupon the horses were to be paid for by the plaintiff, and then taken by him from the premises of the defendants. The defendants gathered up a number of the horses, from which the plaintiff selected twenty-two, which he broke, and turned into the pasture of the defendants. Thereafter the defendants refused to further perform their part of the contract. Held, that the contract was void under the statute of frauds.</p>