Goods Sold and Delivered as a Cause of Action in New York

In business transactions, it is common for goods to be purchased on credit or without immediate payment. When a buyer fails to pay for goods that were ordered and delivered, the seller may bring a legal claim known as “goods sold and delivered.” In New York, this cause of action is straightforward but requires the plaintiff to establish several key elements. Below, each element is explained clearly so that both legal professionals and everyday readers can understand what is needed to succeed in such a claim.

Sale and Delivery of Goods at the Defendant’s Request

The first requirement is that the seller must prove they sold and delivered specific goods to the defendant. It is not enough that the goods were offered or shipped — the delivery must have occurred at the defendant’s request. This helps prevent lawsuits where the buyer never actually asked for or agreed to the delivery. Sellers usually prove this element through invoices, receipts, purchase orders, or emails showing the request and confirmation of delivery.

The Goods Had a Reasonable Value or Agreed Price

Next, the plaintiff must show that the goods delivered were either sold at a price that the parties agreed on in advance, or that they were of a reasonable value. In many commercial settings, pricing is either stated in a contract or invoice. If no formal price was agreed upon, courts will typically accept fair market value for similar goods as evidence of a reasonable price. This element ensures that the buyer is not overcharged or taken by surprise with an inflated amount.

Payment Was Demanded But Not Made

Finally, the seller must show that payment was demanded and not made. This does not require any formal court notice. A simple written demand such as an unpaid invoice, an email requesting payment, or a verbal reminder can be enough. What matters is that the buyer had an opportunity to pay but failed to do so.

Conclusion

A claim for goods sold and delivered provides an important legal remedy for businesses and individuals who sell goods in good faith and expect timely payment. To win the case, the plaintiff must show that the goods were delivered at the buyer’s request, were of reasonable value or a set price, and that payment was requested but not received. Because this type of claim is rooted in fairness and basic principles of commerce, it often succeeds when these facts are clearly established.

Find the Law

“In an action for goods sold and delivered, a plaintiff must demonstrate that on a certain date, it sold and delivered certain goods to the defendant at the defendant’s request; that the goods were of reasonable value or agreed price; and that payment was demanded by the plaintiff, but not made. See United Consolidated Industries v. Mendel’s Auto Parts, Inc., 150 A.D.2d 768 (2d Dept. 1989).” Redlyn Elec. Corp. v. Dean Elec. Co., Inc., 2009 N.Y. Slip Op. 31258, 4 (N.Y. Sup. Ct. 2009)