Walker v. Moors
Massachusetts Supreme Judicial Court
Contract upon an account annexed for the price of three furnaces. After the former decision, reported 122 Mass. 501, the case was tried in the Superior Court, before Bacon, J., who allowed a bill of exceptions, the material parts of which were as follows: It was admitted that the furnaces were put into houses owned by the defendant, but it was in dispute whether they were bought by the defendant or by George W. Meserve.
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Contract upon an account annexed for the price of three furnaces. After the former decision, reported 122 Mass. 501, the case was tried in the Superior Court, before Bacon, J., who allowed a bill of exceptions, the material parts of which were as follows: It was admitted that the furnaces were put into houses owned by the defendant, but it was in dispute whether they were bought by the defendant or by George W. Meserve. The plaintiffs offered evidence tending to prove that they were manufacturers and dealers in furnaces and similar goods that they employed one Rice as a salesman, whose…
1Opinion of the CourtLord, J.
The question in this case is, which one of the two parties actually purchased the three furnaces which the plaintiffs sold, and the price of which they seek to recover in this action. There is involved in it no question of original or collateral liability. When that is the question, and the defendant denies his liability, upon the ground that his engagement is a collateral engagement, and therefore necessary to be in writing to obviate the objection of the statute of frauds, it is a material inquiry whether any credit whatever was given to the party to whose promise the defendant’s promise is…
2Cited by3 opinions
- Massachusetts General Hospital v. FairbanksMassachusetts Supreme Judicial Court · 1880
- Starkey v. LewinSupreme Judicial Court of Maine · 1919
- Bartow v. Parsons Pulp & Paper Co.Massachusetts Supreme Judicial Court · 1911