Goddard v. Binney
Massachusetts Supreme Judicial Court
Contract to recover the price of a buggy built by the plaintiff for the defendant. Trial in the Superior Court before Dewey, J., who reported the case for the consideration of this court in substance as follows : The plaintiff, a carriage manufacturer in Boston, testified that the defendant came to his place of business in April, 1872, and directed the plaintiff to make for him a buggy, and the plaintiff entered the order in his order-book; the defendant gave directions that…
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Contract to recover the price of a buggy built by the plaintiff for the defendant. Trial in the Superior Court before Dewey, J., who reported the case for the consideration of this court in substance as follows : The plaintiff, a carriage manufacturer in Boston, testified that the defendant came to his place of business in April, 1872, and directed the plaintiff to make for him a buggy, and the plaintiff entered the order in his order-book; the defendant gave directions that the color of the lining should be drab, and the outside seat of cane, and as to the painting, and also that the buggy…
1Opinion of the CourtAmes, J.
Whether an agreement like that described in this report should be considered as a contract for the sale of goods, within the meaning of the statute of frauds, or a contract for labor, services and materials, and therefore not within that statute, is a question upon wliich there is a conflict of authority. According to a long course of decisions in Hew York, and in some other states of the Union, an agreement for the sale of any commodity not in existence at the time, but which the vendor is to manufacture or put in a condition to be delivered, (such as flour from wheat not yet ground, or…
2Cases cited8 opinions
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Crookshank v. BurrellNew York Supreme Court · 1820
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Sewall v. FitchNew York Supreme Court · 1828
3 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Morin v. ClarkMassachusetts Supreme Judicial Court · 1937
- Cooke v. . MillardNew York Court of Appeals · 1875
- Moore v. PerrottWashington Supreme Court · 1891
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
54 more not listed; retrieve them via the Exa API.