Legal Opinion

Prescott v. Locke

Supreme Court of New Hampshire

Decided June 15, 1871PublishedCited by 1 opinion

Assumpsit, by Lorenzo G. Prescott against Locke & Jewell. First count, on account annexed for 9,130 spokes, at f>40 per thousand, $865.20. Second count, for the same spokes bargained and sold. Third count, for goods sold and delivered, labor performed, and materials provided. By agreement, the case was tried by the court, who found the following facts: The plaintiff had a saw-mill in Exeter ; the defendants were partners and builders of carriage wheels in Amesbury, Mass.

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Assumpsit, by Lorenzo G. Prescott against Locke & Jewell. First count, on account annexed for 9,130 spokes, at f>40 per thousand, $865.20. Second count, for the same spokes bargained and sold. Third count, for goods sold and delivered, labor performed, and materials provided. By agreement, the case was tried by the court, who found the following facts: The plaintiff had a saw-mill in Exeter ; the defendants were partners and builders of carriage wheels in Amesbury, Mass. In October, 1868, the plaintiff' and Locke made an oral agreement that the defendants would buy of the plaintiff what…

1Opinion of the CourtFosteR, J.

The contract in this case was not for the plaintiff’s labor, but was for the sale of merchandise to be subsequently manufactured.

It was not a contract to make spokes for the defendants; but it was an agreement that the defendants “ would buy of the plaintiff what walnut spokes he should saw at his mill, at $40 per-thousand ” for the manufactured article.

Where the contract is for a chattel to be made and delivered, it clearly is a contract for the sale of goods. In such case the party supplying the chattel cannot recover for his labor in making it. If the contract be such that when carried out…

2Cases cited4 opinions

  1. Russell v. . CarringtonNew York Court of Appeals · 1870
  2. Rapelye v. MackieNew York Supreme Court · 1826
  3. Gorham v. FisherSupreme Court of Vermont · 1858
  4. Stone v. PeacockSupreme Judicial Court of Maine · 1853

3Cited by1 opinion

  1. Smart v. BatchelderSupreme Court of New Hampshire · 1876

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