Walker v. Richards
Supreme Court of New Hampshire
Assumpsit, by Flanders "Walker against Perry Rickards, the declaration containing several counts. The first count alleges that “ defendant, at, &c., in consideration that the plaintiff, at his request, would sell and deliver to one Jacob Davis, on credit, all such goods as Davis should wish to buy of him, while Davis worked for the defendant, promised the plaintiff to be accountable to him for the price of said goods.
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Assumpsit, by Flanders "Walker against Perry Rickards, the declaration containing several counts. The first count alleges that “ defendant, at, &c., in consideration that the plaintiff, at his request, would sell and deliver to one Jacob Davis, on credit, all such goods as Davis should wish to buy of him, while Davis worked for the defendant, promised the plaintiff to be accountable to him for the price of said goods. The plaintiff avers that he did sell to Davis, while he was at work for the defendant, &c., on credit, &e., goods which Davis wished to buy, &c., amounting, &c., and Davis,…
1Opinion of the CourtBell, C. J.
Under the special counts the sale is alleged to be to Davis, &c., on credit, of goods he desired to buy; the credit is given to Davis, &c., and Davis, &c., is the debtor for the price. The contract of the defendant is entirely collateral. This contract, as stated, is a valid and legal contract. But, by the statute of frauds, it requires special proof to establish it. The contract must be in writing, and signed by the party, and parol evidence is inadmissible to establish such an agreement. The objection taken to the evidence, as applicable to these counts, was well founded. Carville v. Crane,…
2Cases cited2 opinions
- Larson v. WymanNew York Supreme Court · 1835
- Skinner v. ConantSupreme Court of Vermont · 1830