Oakman v. Rogers
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to sell fruit jars to the plaintiff. The answer contained a general denial, and set up the statute of frauds.
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Contract for breach of an agreement to sell fruit jars to the plaintiff. The answer contained a general denial, and set up the statute of frauds. At the trial in the Superior Court, before Rockwell, J„ the plaintiff put in evidence, to support the alleged agreement, the following letters, all dated July 2,1874: “ To Samuel Oakman, Esq.: Will you please send by bearer 6 blank letter heads on which we can write copies of your letter of yesterday, to enable our travelling men to bull the price a little on porcelain and glass top jars. We now have full supply of both, and if any of your customers…
1Opinion of the Court
By the Court.
The letters relied on do not show that the parties ever agreed on the number of jars, the time or manner of delivery, or the other terms of the alleged contract of sale, and are not a sufficient memorandum to take the case out of the statute of frauds. Judgment for the defendants.
2Cited by6 opinions
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- Ashcroft v. ButterworthMassachusetts Supreme Judicial Court · 1884
- Banks v. Chas. P. Harris Manuf'g Co.United States Circuit Court · 1884
- Peoples Outfitting Co. v. Wheeling Mattress Co.Indiana Court of Appeals · 1918
- Leatherbee v. BernierMassachusetts Supreme Judicial Court · 1903
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