Irvine v. Stone
Massachusetts Supreme Judicial Court
This was an action of assumpsit, to recover the price of a cargo of. coals, together with the freight of the same, from Philadelphia to Boston, tried before Wilde, J., in this court.
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This was an action of assumpsit, to recover the price of a cargo of. coals, together with the freight of the same, from Philadelphia to Boston, tried before Wilde, J., in this court. The writ contained the common counts for goods sold and delivered, and for money paid to the defendants’ use; also a special count, for the sale by the plaintiff, and the purchase •by the defendant, of a cargo of coals, at certain prices stated, and on an agreement to pay for the freight of the same, at a certain rate; and, lastly, a count on an account annexed, specifying the prices of the coals, and the money…
1Opinion of the CourtMetcalf, J.
It is admitted by the plaintiff’s counsel that this action cannot be maintained for the price of the coal, because the contract for the sale of it was not in writing. But he seeks to recover pay for the transportation of it from Philadelphia to Boston; an oral contract for the transportation being valid in law. And the main question in the case is, whether the contract for the coal and for transporting it can be severed, so that the plaintiff can recover for the latter.
The position taken for the plaintiff is, that an agreement which is void in part, by the statute of frauds, is not…
2Cited by10 opinions
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