Merrill v. Parker
Supreme Judicial Court of Maine
This was an action of indebitatus assumpsit, on an account annexed. The account is for a bureau, $20, interest, $2,50, storage of the bureau, $2,50. The case was opened to the jury, and the plaintiff introduced a witness, who testified, that he had the care of the plaintiff’s furniture shop; that some day between 15th August and 10th Sep. 1841, the defendant came to the shop; examined several bureaus.
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This was an action of indebitatus assumpsit, on an account annexed. The account is for a bureau, $20, interest, $2,50, storage of the bureau, $2,50. The case was opened to the jury, and the plaintiff introduced a witness, who testified, that he had the care of the plaintiff’s furniture shop; that some day between 15th August and 10th Sep. 1841, the defendant came to the shop; examined several bureaus. The price of one was $22. The defendant discussed the price, and it was finally put at $20. She selected that one; said she wished the witness to set it apart for her; wished witness to mark it…
1Opinion of the Court
The opinion of the majority of the Court, Siiepeey' J. dissenting, was drawn up by
W hitman C. J.
What shall be considered as constituí*92ing a sale of chattels, is not unfrequently attended with difficulty. Sales are sometimes complete as between the parties, and not so as between them and other persons. Again, sales may be good, but for the intervention of the statute of frauds, and not good where the statute applies; as where the goods sold are of the value of thirty dollars or more. The sale in this case was of a bureau, the agreed value of which was twenty dollars, and, therefore, not within…
2Cited by1 opinion
- Dunn v. TrainCourt of Appeals for the First Circuit · 1903