Leatherbee v. Bernier
Massachusetts Supreme Judicial Court
Contract by a commission dealer in bricks and other building materials, against a manufacturer of bricks, for failure to deliver five hundred and fifty thousand bricks under an alleged agreement.
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Contract by a commission dealer in bricks and other building materials, against a manufacturer of bricks, for failure to deliver five hundred and fifty thousand bricks under an alleged agreement. Writ dated September 9, 1901. At the trial in the Superior Court before Mason, C. J., the plaintiff introduced evidence that on November 6,1899, the plaintiff and the defendant entered into an oral contract, the terms of which were stated in a letter of the plaintiff to the defendant dated November 14, 1899. The following correspondence, relied on by the plaintiff as a memorandum of the oral…
1Opinion of the CourtLathrop, J.
The letters relied on do not show that the parties ever agreed on the terms of the alleged contract of sale. They are therefore not a sufficient memorandum to take the case out of the statute of frauds.
Exhibit B, while purporting to accept an offer, is not responsive to Exhibit A, and apparently refers to some other offer than the conditional one contained in Exhibit A. Exhibit C refers neither to Exhibit B nor Exhibit Á, and apparently refers to another oral communication. Oakman v. Rogers, 120 Mass. 214.
Exceptions overruled.
2Cases cited1 opinion
- Oakman v. RogersMassachusetts Supreme Judicial Court · 1876
3Cited by2 opinions
- Graham v. Henderson Elevator Co.Indiana Court of Appeals · 1916
- Diebold Safe & Lock Co. v. MorseMassachusetts Supreme Judicial Court · 1919