New York Supreme Court, 1841

Kinney v. Showdy

Kinney v. Showdy
New York Supreme Court · Decided July 15, 1841 · Bronson
1 Hill & Den. 544

Counsel

J. R. Lawrence, for plaintiff in error., H. Worden, for defendant in error.

Kinney v. Showdy

Opinion of the Court

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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