Marschall v. Eisen Vineyard Co. — 49 N.Y. St. Rep. 40

Majority

p. 40

August Marschall et al., Resp’ts, v. The Eisen Vineyard Co., App’lt.

(City Court of New York, General Term,

Filed November 25, 1892.)

Headnote

Contract—Telegrams.

Telegrams which, taken together, contain all the essential elements of & contract, viz: parties, consideration, subject matter and assent, are sufficient to establish a legal contract.

Appeal from judgment in favor of plaintiffs.

Douglas & Minton, for app’lt; Rose & Putzel, for resp’t.

The telegrams which appear in the appeal book establish a legal contract for the sale by defendant, and the purchase by plaintiff, of a car load of sherry wine; taken together the telegrams contain all the essential elements of a contract, viz: parties., consideration, subject matter and assent. Therefore I say that they establish a legal contract

The testimony further shows a violation by defendant of said contract and of its refusal to carry out the same because the wine was sold to some other person.

The plaintiffs’ damages because of such violation is clearly established, and the judgment rendered, four hundred seventy-five dollars ($475.00) is fully justified by the testimony submitted, and is, therefore, affirmed, with costs.

Ehrlich, Gh. J., and Newburger, J., concur.