Gorham v. Fisher
Supreme Court of Vermont
Book Account. The auditor reported the following facts: The plaintiff’s account amounted to forty-six dollars and four cents, and was for three thousand eight hundred and thirty-seven feet of basswood hoards. The plaintiff had a quantity of basswood logs at a saw-mill in Putney, which he sold by parol to the defend'ants, at twelve dollars per M. feet, hoard measure.
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Book Account. The auditor reported the following facts: The plaintiff’s account amounted to forty-six dollars and four cents, and was for three thousand eight hundred and thirty-seven feet of basswood hoards. The plaintiff had a quantity of basswood logs at a saw-mill in Putney, which he sold by parol to the defend'ants, at twelve dollars per M. feet, hoard measure. The plaintiff was to procure the logs to he sawed into hoards at liis own expense, and they were to be sawed as the defendants should direct. The defendants directed the miller how the logs should be sawed, and they were sawed…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The question in this case is whether there was such a delivery and acceptance of the property as is required by the statute of frauds.
The case shows that the property contracted for exceeded forty dollars in value; but there was no contract in writing, and that nothing was paid upon the contract, as earnest money, towards the price of the lumber.
It is to be regarded as well settled, that in order to render a contract, such as was made in this case, for the sale and purchase of personal property, binding on the purchaser, there must be an…
2Cited by5 opinions
- Strong, Whitney & Co. v. DoddsSupreme Court of Vermont · 1875
- Beedy v. Brayman Wooden Ware Co.Supreme Judicial Court of Maine · 1911
- Burlington Grocery Co. v. McGreggsSupreme Court of Vermont · 1923
- Prescott v. LockeSupreme Court of New Hampshire · 1871
- Smith v. FisherSupreme Court of Vermont · 1886