Hewes v. Jordan
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action of assumpsit by the appellee to recover from tbe appellants the price of certain butter grease, alleged to have been sold and delivered by the former to the latter. Pleas, never indebted and never promised. Issues joined. Evidence was offered by tbe plaintiff tending to prove a verbal sale by him of 3148 pounds of butter grease to tbe defendants at eight cents a pound.
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Appeal from the Court of Common Pleas. This was an action of assumpsit by the appellee to recover from tbe appellants the price of certain butter grease, alleged to have been sold and delivered by the former to the latter. Pleas, never indebted and never promised. Issues joined. Evidence was offered by tbe plaintiff tending to prove a verbal sale by him of 3148 pounds of butter grease to tbe defendants at eight cents a pound. There was a conflict of testimony as to the making of an express warranty of the merchantable quality of the grease. There was no proof of part payment or any earnest to…
1Opinion of the CourtAlvev, J.
The question presented in this case, arises under the 17th section of the Statute of 29 Car. II, chap. 3, known as the Statute of Frauds, and is as to what will amount to a sufficient acceptance and receipt of goods sold, in order to render the contract binding, where there is nothing given in earnest, or in part payment of the price, and there has been no note or memorandum in writing of the bargain made and signed as the Statute requires.
The bargain in question, was in reference to 3,148 lbs. of butter grease, alleged to have been sold and delivered to the appellants by the appellee, on the…
2Cases cited3 opinions
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Belt v. MarriottCourt of Appeals of Maryland · 1850
- Jones v. Mechanics BankCourt of Appeals of Maryland · 1868
3Cited by11 opinions
- Campbell v. WillisDistrict Court, District of Columbia · 1923
- Jarrell v. Young, Smyth, Field Co.Court of Appeals of Maryland · 1907
- Hausman v. NyeIndiana Supreme Court · 1878
- Castle v. Swift & Co.Court of Appeals of Maryland · 1918
- Kemensky v. ChapinMassachusetts Supreme Judicial Court · 1907
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