O'Donnell v. Leeman
Supreme Judicial Court of Maine
On .Exceptions to the rejection of evidence and order of nonsuit by May, J., presiding at Nisi Prius. This is an action to recover damages for an alleged breach of a contract, as follows: “ Oct. 9, 1855. This day sold W. H. Leeman house and land on Bartlett street, in Lewiston; was struck down to Patrick O’Donnell for $1200, one third cash down.” Ham Brooks, Auctioneer. 1. The memorandum of the auctioneer is sufficient to satisfy the statute of frauds.
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On .Exceptions to the rejection of evidence and order of nonsuit by May, J., presiding at Nisi Prius. This is an action to recover damages for an alleged breach of a contract, as follows: “ Oct. 9, 1855. This day sold W. H. Leeman house and land on Bartlett street, in Lewiston; was struck down to Patrick O’Donnell for $1200, one third cash down.” Ham Brooks, Auctioneer. 1. The memorandum of the auctioneer is sufficient to satisfy the statute of frauds. Chitty on contracts, p. 305. 2. In the sale of lands at auction the auctioneer is the agent of both parties. Cleaves v. Foss, 4 Maine R., 1;…
1Opinion of the CourtMat, J.
The declaration in this case alleges a contract in writing, of a sale from the defendant to the plaintiff, of a dwelling house at auction, upon certain specified terms and conditions. According to the contract alleged, the price to be paid was twelve hundred dollars; one third cash down, and the residue in equal payments, in one and two years. The memorandum of sale, as contained in the auctioneer’s book, is as follows:
“ Oct. 9, 1855. This day sold W. H. Leeman house and land on Bartlett street, in Lewiston; was struck down to Patrick O’Donnell for $1200, one third cash down.”
Ham Brooks,…
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