New York Court of Appeals
Richard L. Hunter, Executors v. Isaac D. Wetsell, Appellants
March 22, 188184 N.Y. 549
Summary
The New York Court of Appeals affirmed the judgment for the plaintiffs, holding that the oral contract for the sale of hops was validated by the delivery of a check and a contemporaneous restatement of the essential terms, that the check constituted payment "at the time" within the Statute of Frauds, that a tender of the goods was not required before an action for the purchase price, and that damages are measured by the contract price less payments already made.