Washington Ice Co. v. Webster
Supreme Judicial Court of Maine
On report. Replevin of four thousand tons of ice stored in the defendant’s ice-house at Boothbay, in this county, which the plaintiff company claimed had been sold by him to them, but that he refused to ship it in accordance with the terms of their contract.
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On report. Replevin of four thousand tons of ice stored in the defendant’s ice-house at Boothbay, in this county, which the plaintiff company claimed had been sold by him to them, but that he refused to ship it in accordance with the terms of their contract. On the fifteenth day of June, 1870, the plaintiffs made Mr. Webster a verbal offer of $4.50 a ton for his ice, but refused to put it in writing to be “peddled round,” though consenting to let him have a week to consider of it. Turn days later Mr. Webster telegraphed that he would accept their offer. The president of the company then wrote…
1Opinion of the CourtAppleton, C. J.
The plaintiffs replevied some four thousand tons of ice in store at Boothbay, in this State, from the defendant, who is admitted once to have been the owner.
By R. S., c. Ill, § 4, no contract for the sale of any goods, wares or merchandise, for thirty dollars or more shall be valid, unless the purchaser accepts and receives part of the goods * * or some note or memorandum thereof is made and signed by the party to be charged thereby, or by his agent.
The first question presented for consideration, is whether the plaintiffs have acquired any title to the ice in controversy by virtue of any note…
2Cases cited2 opinions
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3Cited by9 opinions
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- Brophy v. Idaho Produce & Provision Co.Montana Supreme Court · 1904
- Gould v. HayesSupreme Court of Connecticut · 1898
- Alabama Fuel & Iron Co. v. Adams, Rowe & NormanSupreme Court of Alabama · 1927
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