Kinney v. Showdy

New York Supreme Court

Kinney v. Showdy

1 Hill & Den. 544

DecidedJuly 15, 1841

StatusPublished

This text of 1 Hill & Den. 544 (Kinney v. Showdy) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kinney v. Showdy, 1 Hill & Den. 544 (N.Y. Super. Ct. 1841).

Pincite

Opinion

By the Court, Bronson, J.

The infant was not capable of making a binding contract for the purchase of the cow, and I think the officer was not obliged to receive his bid. True, the property might be put up again and re-sold if the infant refused to accept and pay for it; but the officer was not bound to strike off the property on an offer which, if accepted, would not make a valid contract. The court of C. P. was right in reversing the judgment.

Judgment affirmed. ¡

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By the Court, Bronson, J.

The infant was not capable of making a binding contract for the purchase of the cow, and I think the officer was not obliged to receive his bid. True, the property might be put up again and re-sold if the infant refused to accept and pay for it; but the officer was not bound to strike off the property on an offer which, if accepted, would not make a valid contract. The court of C. P. was right in reversing the judgment.

Judgment affirmed. ¡

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Bluebook (online)

1 Hill & Den. 544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinney-v-showdy-nysupct-1841.