Phillips v. Moor
Supreme Judicial Court of Maine
On report. Writ dated December, 13, 1878. Assumpsit, on account annexed for hay. . Plea, general issue. "The case to be reported to the law court and a nonsuit or default to be entered as the court may order.” The court to draw such inferences as a jury might. The facts appear in the opinion. The correspondence in this case is not sufficient to take the case out of the operations of the Statute of Frauds. Jenness v. Ml.
Read the full summary
On report. Writ dated December, 13, 1878. Assumpsit, on account annexed for hay. . Plea, general issue. "The case to be reported to the law court and a nonsuit or default to be entered as the court may order.” The court to draw such inferences as a jury might. The facts appear in the opinion. The correspondence in this case is not sufficient to take the case out of the operations of the Statute of Frauds. Jenness v. Ml. Hope Iron Oo. 53 Maine, 22. The acceptance of the offer of defendant for the hay, was neither unconditional nor seasonable, Ibid; Benjamin on Sales, c. 3, § 39 ; 8 Allen, 56;…
1Opinion of the CourtBarrows, J.
Negotiations by letter, looking to the purchase by the defendant of a quantity of hay in the plaintiff’s barn, had resulted in the pressing of the hay by the defendant’s men, to be paid for at a certain rate if the terms of sale could not be agreed on; and in written invitations from plaintiff’s guardian to defendant, to make an offer for the hay, in one of "which he says : "If the price is satisfactory T will write you on receipt of it;” and in the other; "If your offer is satisfactory I shall accept it; if not, I will send you the money for pressing.” Friday, June 14th, defendant made an…
2Cases cited1 opinion
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by12 opinions
- Turner v. McCormickWest Virginia Supreme Court · 1904
- Bleecker v. MillerSupreme Court of Oklahoma · 1914
- Rail v. Little Falls Lumber Co.Supreme Court of Minnesota · 1891
- Milliken-Tomlinson Co. v. American Sugar Refining Co.Court of Appeals for the First Circuit · 1925
- Knox v. McMurraySupreme Court of Iowa · 1913
7 more not listed; retrieve them via the Exa API.