Bradford v. Manly
Massachusetts Supreme Judicial Court
Assumpsit on divers special counts, to recover the difference in value between two casks of cloves, alleged to be sold by sample to the plaintiff, and the cloves actually delivered in virtue of the sale.
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Assumpsit on divers special counts, to recover the difference in value between two casks of cloves, alleged to be sold by sample to the plaintiff, and the cloves actually delivered in virtue of the sale. At the trial, which was had on the general issue, before the Chief Justice, at the last November term in this county, the plaintiff produced a bill of parcels of 602 pounds of cloves, at $ 1.50 per pound, on which payment was acknowledged by the defendant to have beer, received in the plaintiff’s note, payable in sixty days. He then produced a witness, who testified, that on the 4th of…
1Opinion of the CourtParker, C. J.
The first point taken by the defendant’s counsel is, that parol evidence was admitted, to control or explain the contract in writing, which subsisted between the parties.
The objection goes upon the supposition, that a common bill of parcels, given upon or after the purchase of goods, is evidence, and the only proper evidence, of such a contract. But it is not so. The bargain is usually made verbally, and without any intention that it shall be put in writing ; and the bill of parcels is intended only to show that the goods have been purchased and paid for. It is seldom particular, or…
2Cases cited2 opinions
- Gallagher v. WaringNew York Supreme Court · 1832
- Beebee v. RobertNew York Supreme Court · 1834
3Cited by41 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Magee v. BillingsleySupreme Court of Alabama · 1842
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