Smalley v. Hamblin
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for bottles made by the plaintiff for the defendant, at the defendant’s request, at a price exceeding fifty dollars. The answer set up the statute of frauds, Pub.
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Contract, upon an account annexed, for bottles made by the plaintiff for the defendant, at the defendant’s request, at a price exceeding fifty dollars. The answer set up the statute of frauds, Pub. Sts. c. 78, § 5. At the trial in the Superior Court, before Hammond, J., there was no evidence of any note or memorandum in writing of the bargain signed by the defendant or by any person lawfully authorized by him, or that the defendant accepted or received any part of the goods ordered, or gave anything in earnest to bind the bargain, or in part payment. At the close of the evidence, the judge,…
1Opinion of the CourtField, C. J.
Upon the case stated in the exceptions, we think that the court rightly ruled that the contract shown was one for the sale of goods, wares, and merchandise, within the meaning of the statute of frauds, Pub. Sts. c. 78, § 5.
The plaintiff was not a manufacturer of bottles, but a dealer in them. The bottles ordered by the defendant were manufactured by the Moore Brothers Glass Company, according to models made by that company two years before under the direction of the plaintiff, and submitted to the defendant for approval. The defendant, before the order in the present case was given, had…
2Cases cited4 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
- Tracy v. WetherellMassachusetts Supreme Judicial Court · 1896
- Donaher v. City of BostonMassachusetts Supreme Judicial Court · 1879
3Cited by3 opinions
- Nationwide Papers, Inc. v. Northwest Egg Sales, Inc.Washington Supreme Court · 1966
- Eagle Paper Box Co. v. Gatti-McQuade Co.Appellate Terms of the Supreme Court of New York · 1917
- Atlas Shoe Co. v. RosenthalMassachusetts Supreme Judicial Court · 1922