May v. Ward
Massachusetts Supreme Judicial Court
Contract for the refusal of the defendant to perforin his part of the following contract in writing, dated February 7,1879, signed by the defendant, and accepted by the plaintiffs: “I héreby agree to ship you balance of twelve cars sheet-iron which we owe you on a previous arrangement, same to be agreed upon at prices and terms as below and specification not to exceed one car of heavy sizes heavier than twenty-one gouge and not more than one car of thirty gouge.
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Contract for the refusal of the defendant to perforin his part of the following contract in writing, dated February 7,1879, signed by the defendant, and accepted by the plaintiffs: “I héreby agree to ship you balance of twelve cars sheet-iron which we owe you on a previous arrangement, same to be agreed upon at prices and terms as below and specification not to exceed one car of heavy sizes heavier than twenty-one gouge and not more than one car of thirty gouge. Balance of specification to be No. 21 to No. 26 gouge, all specifications to be sent us at rate of one car-load per month.…
1Opinion of the CourtC. Allen, J.
1. This was a contract for the sale of goods, and not for labor and materials.
2. It was not competent to show by oral testimony how many cars were meant. All the essential terms must be contained in, or ascertainable from, the writing.
3. The memorandum does not contain all the essential terms of a sale, but is left incomplete and uncertain. The words “ same to be agreed upon ” show that one element was to be' agreed upon in the future. The plaintiffs contend that the writing shows that at least two car-loads were to be shipped, and that the action may be maintained to recover for the failure…
2Cited by8 opinions
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Speirs v. Union Drop Forge Co.Massachusetts Supreme Judicial Court · 1901
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
- Ashcroft v. ButterworthMassachusetts Supreme Judicial Court · 1884
- Sibley v. FeltonMassachusetts Supreme Judicial Court · 1892
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