Superior Court of Delaware, 1886

Goldsmith v. Greenly

Goldsmith v. Greenly
Superior Court of Delaware · Decided July 1, 1886 · Comegys
12 Del. 371

Counsel

Alfred P. Robinson, for the defendant,, Charles F. Richards, for the plaintiff,

Goldsmith v. Greenly

Opinion of the Court

Comegys, C. J.,

charged the jury:

• In a contract to sell and deliver piles at a stated price without specifying in what it is to be paid, the law implies and imports that it is to be paid in money. But if the contract was that the price was to be paid in goods, then it was a special contract and should have been declared on specially, and the plaintiff below cannot recover unless he had demanded the goods. If, however, they were to be paid for in money, then he is entitled to recover t¡he amount claimed.

Verdict for the defendant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.