New York Court of Appeals

Herman Rice, Appellants v. Wilbur J. Manley, Respondent

April 25, 187666 N.Y. 82

Summary

The New York Court of Appeals held that a fraud action is maintainable even though the underlying cheese sale contract was void under the statute of frauds, because the fraud caused the plaintiffs' loss. The court also affirmed that damages may be measured by the contract price minus the market value of the cheese in New York plus transportation costs.