Marsh v. Hyde
Massachusetts Supreme Judicial Court
Action of contract on a verbal agreement for the sale by defendant to the plaintiffs of two mows of hay, stored in two separate barns, and containing about twenty tons, at the rate of fourteen, dollars a ton. The case was referred by rule of court.
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Action of contract on a verbal agreement for the sale by defendant to the plaintiffs of two mows of hay, stored in two separate barns, and containing about twenty tons, at the rate of fourteen, dollars a ton. The case was referred by rule of court. At the hearing before the referee, there was evidence to prove a verbal agreement for the sale of the hay, at the price named, to be paid for as it was delivered ; and that the defendant, at different times, some days afterwards, delivered three loads of the hay, amounting in all to about two tons, and then refused to deliver the remainder. The…
1Opinion of the CourtBigelow, J.
The report of the referee presents the question whether the contract was binding on the parties under the statute of frauds—Rev. Sts. c. 74, § 4. The defendant’s objection is put on the ground, that, there having been no delivery of any part of the hay at the time the agreement was entered into for its sale and purchase, the subsequent delivery of the three loads to the defendant will not avail to take the case out of the operation of the statute; and that the delivery of the hay, under the circumstances proved, only establishes three different and distinct contracts for each load ; so that…
2Cases cited2 opinions
- Vincent v. GermondNew York Supreme Court · 1814
- H. F. & L. Seymour v. DavisThe Superior Court of New York City · 1848
3Cited by1 opinion
- Wilson v. HotchkissCalifornia Court of Appeal · 1913