Beedy v. Brayman Wooden Ware Co.
Supreme Judicial Court of Maine
On , report. Assumpsit on an account annexed to recover for 5 tons and 75 pounds of hay at $17.00 per ton, alleged to have been sold and delivered by the plaintiffs to the defendant.
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On , report. Assumpsit on an account annexed to recover for 5 tons and 75 pounds of hay at $17.00 per ton, alleged to have been sold and delivered by the plaintiffs to the defendant. Plea, the general issue with brief statement as follows: "That if any such contract was made as alleged by the plaintiffs it was void under a certain statute of the State of Maine known as the Statute of Frauds, contained in section 4 of chapter 113, which provides, ‘That no contract for the sale of goods, wares or merchandise for thirty dollars or more shall be valid unless the purchaser accepts and receives…
1Opinion of the CourtBird, J.
This action is brought to recover the price of a quantity of hay alleged to have been sold by plaintiffs to defendant. The defense is the statute of frauds. The case is before this court upon report, such judgment to be rendered upon such of the evidence as is legally admissible as the law and evidence require.
There may be a complete delivery at common law without either receipt or acceptance under the statute. The former is the act of the vendor while receipt, which affects the possession, and acceptance, which affects the title, are the acts of the purchaser and both receipt and acceptance…
2Cases cited6 opinions
- Garfield v. ParisSupreme Court of the United States · 1878
- Knight v. MannMassachusetts Supreme Judicial Court · 1875
- Jones v. Mechanics BankCourt of Appeals of Maryland · 1868
- Gorham v. FisherSupreme Court of Vermont · 1858
- Bowe v. EllisNew York Court of Common Pleas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. BloomSupreme Court of Iowa · 1913
- Brown v. SheedyOregon Supreme Court · 1918
- Tex-O-Kan Flour Mills Co. v. NordLouisiana Court of Appeal · 1944
- Bicknell v. Owyhee Sheep & Land Co.Idaho Supreme Court · 1918
- Crowley v. MarshallSupreme Court of New Hampshire · 1922
1 more not listed; retrieve them via the Exa API.