Schmoll Fils & Co. v. Wheeler
Massachusetts Supreme Judicial Court
Contract for breach of an oral agreement to accept and pay for one thousand horse butts ordered by the defendant of the plaintiff. Writ dated June 14, 1920. The answer of the defendant contained a general denial and set up the statute of frauds. In the Superior Court the action was heard by McLaughlin, J., without a jury. Material evidence is described in the opinion.
Read the full summary
Contract for breach of an oral agreement to accept and pay for one thousand horse butts ordered by the defendant of the plaintiff. Writ dated June 14, 1920. The answer of the defendant contained a general denial and set up the statute of frauds. In the Superior Court the action was heard by McLaughlin, J., without a jury. Material evidence is described in the opinion. At the close of the evidence the defendant requested the following rulings; “ 1. Upon all the evidence the plaintiff is not entitled to recover. “2. There is no evidence of any contract by the defendant as alleged in the…
1Opinion of the CourtBraley, J.
This is an action of contract to recover damages for the failure of the defendant to accept and pay for certain horse hides, described in the record as “horse butts,” alleged to have been purchased of the plaintiff. The exceptions to the ad*468mission of evidence, not having been argued, may be treated as waived, leaving for decision the questions, whether any contract between the parties was proved, and if a contract was consummated, whether it is unenforceable because of the statute of frauds, which is duly pleaded.
The case was tried without a jury, and on the evidence the judge was warranted…
2Cases cited14 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Ryan v. United StatesSupreme Court of the United States · 1890
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bresky v. RosenbergMassachusetts Supreme Judicial Court · 1926
- Colt v. FradkinMassachusetts Supreme Judicial Court · 1972
- Forman v. GadouasMassachusetts Supreme Judicial Court · 1924
- MacDonald & Payne Machine Co. v. Metallic Arts of New England, Inc.Massachusetts Supreme Judicial Court · 1949
- Fichera v. City of LawrenceMassachusetts Supreme Judicial Court · 1942
13 more not listed; retrieve them via the Exa API.