Dean v. Tallman
Massachusetts Supreme Judicial Court
Contract to recover the price of goods delivered to Mary Bush. At the trial in the superior court, before Pitman, J., the plain* tiff testified that “ before the delivery of any of the goods the defendant came to the plaintiff’s shop, and said he would like to purchase some goods on account, and wanted them charged to Mary Bush, and whatever she purchased from time to time he would see were paid for; that the plaintiff assented; and that on the same day Mary Bush began to…
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Contract to recover the price of goods delivered to Mary Bush. At the trial in the superior court, before Pitman, J., the plain* tiff testified that “ before the delivery of any of the goods the defendant came to the plaintiff’s shop, and said he would like to purchase some goods on account, and wanted them charged to Mary Bush, and whatever she purchased from time to time he would see were paid for; that the plaintiff assented; and that on the same day Mary Bush began to purchase goods, and at various times between September 29,1863, and June 7,1865, the plaintiff sold and delivered to her…
1Opinion of the CourtGray, J.
The defendant’s promise was not within the statute of frauds.
1. It was not a promise to pay the debt of Mary Bush, for the jury have found that no credit was ever given to her, and that question was rightly submitted to the jury. Swift v. Pierce, 13 Allen, 136.
2. It was not a promise not to be performed within a year, for it might have been performed within that time. Roberts v. Rockbottom Co. 7 Met. 46. Doyle v. Dixon, 97 Mass. 208.
*4453. It was taken out of the clause relating to the sale of goods, by the delivery of the goods to and acceptance of them by the person to whom the defendant…
2Cases cited1 opinion
- Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
3Cited by12 opinions
- Hammond Coal Co. v. LewisMassachusetts Supreme Judicial Court · 1924
- Irving Tanning Co. v. ShirMassachusetts Supreme Judicial Court · 1936
- Harris v. FrankCalifornia Supreme Court · 1889
- French v. Boston National BankMassachusetts Supreme Judicial Court · 1901
- Houghton & Dutton Co. v. Journal Engraving Co.Massachusetts Supreme Judicial Court · 1922
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