Graffam v. Pierce
Massachusetts Supreme Judicial Court
Contract, in two counts. The first count was for the breach of an oral contract to lay a hard-pine floor in a certain public hall, in consideration of the plaintiff’s agreement to cement one hundred and fifty-four yards of cellar bottom for the defendant. The second count was upon an account annexed for cementing said cellar bottom. Answer, a general denial.
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Contract, in two counts. The first count was for the breach of an oral contract to lay a hard-pine floor in a certain public hall, in consideration of the plaintiff’s agreement to cement one hundred and fifty-four yards of cellar bottom for the defendant. The second count was upon an account annexed for cementing said cellar bottom. Answer, a general denial. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified that, on April 5, 1884, he entered into an oral agreement with the defendant, by which he agreed to…
1Opinion of the CourtField, J.
The original agreement was oral. So far as it was an agreement for the sale of “ lands, tenements, or hereditaments, or of any interest in or concerning them,” it was within the statute of frauds, but the statute of frauds has not been pleaded, and the agreement has been executed by both parties as to all matters within the statute. “ If some of the stipulations in a contract are within the statute and others are not, and those which are within it have been performed, an action lies upon the other stipulations, if they are separate.” Trowbridge v. Wetherbee, 11 Allen, 361. Page v. Monks, 5…
2Cases cited4 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- McCormick v. CheeversMassachusetts Supreme Judicial Court · 1878
3Cited by39 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Sutton v. GriebelSupreme Court of Iowa · 1902
- Chamberlain v. LesleySupreme Court of Florida · 1897
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