Peck v. Abbott & Fernald Co.
Massachusetts Supreme Judicial Court
Contract for $802.50, the price of a carload of straight clipped white oats alleged to have been sold by the plaintiff to the defendant.
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Contract for $802.50, the price of a carload of straight clipped white oats alleged to have been sold by the plaintiff to the defendant. Writ in the Municipal Court of the City of Boston dated November 14,1910. The defendant in its answer, in addition to a general denial, alleged that, if any such contract was entered into between the plaintiff and the defendant, such contract was for the sale of goods of the value of $500 or upward, as appeared from the plaintiff’s declaration; that the defendant did not accept or receive the goods or any part thereof, or give something in earnest to bind…
1Opinion of the Court
By the Court.
This is an action of contract to recover damages
alleged to have been sustained by the breach of an oral contract, made by the defendant, to buy a carload of oats to be delivered in the future for $802.50. There was no evidence of giving anything in earnest to bind the contract, or in part payment, by the defendant. It refused to take the goods when delivery was tendered.
The answer set up the statute of frauds. St. 1908, c. 237, § 4. The sale plainly was within its terms, and hence, unenforceable. The plaintiff seeks to avoid the force of this defence by reliance upon that part of…
2Cited by2 opinions
- Dolan Mercantile Co. v. MarcusSupreme Court of Pennsylvania · 1923
- Houghton & Dutton Co. v. Journal Engraving Co.Massachusetts Supreme Judicial Court · 1922