Hight v. Ripley
Supreme Judicial Court of Maine
Exceptions from the District Court, W estern District. This was an action on the case for the recovery of damages for the non-performance of a contract made between the parties, for the delivery of a stipulated quantity of hoe shanks. To prove the contract, the plaintiff introduced the following memorandum, dated Oct. 31, 1838: — “ This day contracted with Messrs.
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Exceptions from the District Court, W estern District. This was an action on the case for the recovery of damages for the non-performance of a contract made between the parties, for the delivery of a stipulated quantity of hoe shanks. To prove the contract, the plaintiff introduced the following memorandum, dated Oct. 31, 1838: — “ This day contracted with Messrs. Ripley & Spaulding of Norwich, Conn., to furnish me as soon as practicable, from 1000 to 1200lbs. malleable hoe shanks, agreeable to patterns left with them on terms as follows:” There was a farther provision, that “ if they should…
1Opinion of the Court
The opinion of the Court was delivered by
Shepley J.
It may be considered as now settled, that the statute of frauds embraces executory as well as executed contracts for the sale of goods. But it does not prevent persons from contracting verbally for the manufacture and delivery of articles. The only difficulty now remaining is, to decide whether the contract be one for the sale, or for the manufacture and delivery of the article. It may provide for the application of labor to materials already existing partially or wholly in the form designed, and that the article improved by the labor shall…
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