Jenness v. Mount Hope Iron Co.
Supreme Judicial Court of Maine
On Report from Nisi Prius, Appleton, C. J., presiding. Assumpsit for an alleged breach of contract. The plaintiff put into the case several letters, the substance of which appear in the opinion of the Court.
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On Report from Nisi Prius, Appleton, C. J., presiding. Assumpsit for an alleged breach of contract. The plaintiff put into the case several letters, the substance of which appear in the opinion of the Court. He offered to prove that he relied upon receiving the nails according to said correspondence, and was damaged by not receiving them; that defendants manufacture at Somerset, Mass., and a direct shipment would be from Somerset; that defendants had often shipped nails to him before, from Boston; that, on Nor. 22, 1862, he saw Mr. Leonard, defendants’ managing agent, in Boston; that he gave…
1Opinion of the CourtWalton, J.
This is an action for an alleged breach of contract, and is before us on report. If so much of the plaintiff’s evidence as is admissible, is sufficient, prima fa-cie, to entitle him to damages, the case is to stand for trial; otherwise a nonsuit is to be entered.
The plaintiff says that the defendants bargained and sold to him three hundred and three kegs of nails, to be delivered at Bangor, before the close of navigation, in the fall of 1862.
The defendants do not deny that there was a negotiation for the sale of nails; but they deny that the negotiation ever *22ripened into a contract, by which…
2Cited by24 opinions
- National Bank v. HallSupreme Court of the United States · 1880
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Zamore v. WhittenSupreme Judicial Court of Maine · 1978
- Powers v. RudeSupreme Court of Oklahoma · 1904
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