W. R. Danforth & Co. v. Walker
Supreme Court of Vermont
This is an action of assumpsit. Plea, general issue and notice. Trial by jury, June Term, 1866, Steele, J., presiding. The plaintiffs’ evidence tended to show that on the 19th of January, 1859, they sold, by verbal contract, 1,900 bushels of potatoes to the defendant, 1,500 of which were to be “ fancies,” at forty-five cents, and 400 to be “ commons,” at two shillings per bushel. The defendant’s testimony tended to show that the contract was for a different amount and price.
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This is an action of assumpsit. Plea, general issue and notice. Trial by jury, June Term, 1866, Steele, J., presiding. The plaintiffs’ evidence tended to show that on the 19th of January, 1859, they sold, by verbal contract, 1,900 bushels of potatoes to the defendant, 1,500 of which were to be “ fancies,” at forty-five cents, and 400 to be “ commons,” at two shillings per bushel. The defendant’s testimony tended to show that the contract was for a different amount and price. On the 19 th of February, the defendant received a car load of potatoes. There was no evidence to show that they w’ere…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The jury having found, under the charge of the court, that the car load of potatoes, which the defendant received in February, and subsequently paid for, was received under lhe verbal contract of purchase previously made, it was such part delivery and payment as satisfied the statute of frauds, and took the contract out of the statute as to the entire contract as originally made ; notwithstanding the defendant’s letter of January 27th directing the plaintiffs to make no more purchases. The plaintiffs, however, had no right, after the receipt of…
2Cited by11 opinions
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- Herring-Marvin Co. v. SmithOregon Supreme Court · 1903
- Breding v. Champlain Marine & Realty Co.Supreme Court of Vermont · 1934
- Gabriel v. Kildare Elevator Co.Supreme Court of Oklahoma · 1907
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