Bruce v. Pearson

Decided November 15, 1808

New York Supreme Court · decided 1808-11-15

THIS was an action of assumpsit, for goods sold and delivered. The cause was tried at the last sittings in NewTork, before Mr. Justice Van Ness. On the 11th December, 1805, the defendant;, who resides at Albany, wrote a letter to ,the plaintiffs,, who arc merchants in the city of New-Tork, as follows : “ Albany, 11th December, 1805. Gent.

Good law ✅— No negative treatment on recordhow we know

Decided 1808-11-15

How this case has been cited

Cited by 7 later decisions (1 by the Supreme Court) — most recently June 1919

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1The order sent by the defendant to the plaintiffs, was for 6 hogsheads of rum, and other articles, at a credit of six months ; and the plaintiffs sent only 3 hogsheads, and omitted part of the other articles, charging those sent, at a credit of three mdnths. This cannot amount to a contract. There is no agreement, no aggregatia menlium between the parties, as to the thing, or subject matter of the contract. The defendant wished to have *536the whole of the goods ; a part of them might be of no use ; and until he assented to receive a part instead of the whole, he cannot be said to have contracted to pay for a part; and there can be no implied assumpsit to pay, as the goods sent, never came to his hands.

¶2Judgment of nonsuit.