Legal Opinion

Ashcroft v. Butterworth

Massachusetts Supreme Judicial Court

Decided February 29, 1884PublishedCited by 26 opinions

Contract for breach of a written agreement to sell goods. Answer, the statute of frauds. Trial in the Superior Court, before Colburn, J., who ruled that the action could be maintained; directed a verdict for the plaintiff; and reported the case for the determination of this court. If the ruling was right, judgment was to be entered on the verdict; otherwise, the verdict to be set aside, and judgment entered for the defendants. The facts appear in the opinion.

1Opinion of the CourtField, J.

The plaintiff’s letter of June 7, 1880, asked the defendants, “ At what prices will you fill my orders for gouge glasses?” to which the defendants replied by lett.er of July 2, 1880, “We will supply you with gouge glasses at the same rates we supply the Ashcroft Manufacturing Company.” On August 27, 1880, the defendants wrote the plaintiff: “ Our *512understanding with the company is bill at sight immediately on receipt of goods, and we hope you will comply with the same conditions,” &c. “We have put you exactly on the same terms as the company," &c. This letter also gives “the present price 8Jd.…

2Cases cited3 opinions

  1. Whelan v. SullivanMassachusetts Supreme Judicial Court · 1869
  2. May v. WardMassachusetts Supreme Judicial Court · 1883
  3. Oakman v. RogersMassachusetts Supreme Judicial Court · 1876

3Cited by26 opinions

  1. Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
  2. Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
  3. Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
  4. A. Santaella & Co. v. Otto F. Lange Co.Court of Appeals for the Eighth Circuit · 1907
  5. Speirs v. Union Drop Forge Co.Massachusetts Supreme Judicial Court · 1901

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