Hunter v. Giddings
Massachusetts Supreme Judicial Court
Contract brought upon an instrument in writing by which the defendant agreed to cut and haul to the plaintiff’s paper-mill at Glendale, in Stoekbridge, six hundred cords of wood, for three dollars per cord.
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Contract brought upon an instrument in writing by which the defendant agreed to cut and haul to the plaintiff’s paper-mill at Glendale, in Stoekbridge, six hundred cords of wood, for three dollars per cord. It bore date “ Great Barrington, January 19,1863,” and began as follows : “ Know all men by these presents, that we, Daniel E. Giddings of Great Barrington, Berkshire County, Massachusetts, and John S. Hunter, of Glendale (paper-mill), county and state aforesaid, have this day made the following contract,” &c.; and it was subscribed with the name of the plaintiff, “ John S. Hunter,” and…
1Opinion of the CourtHoar, J.
The ruling of the learned judge at the trial was probably made upon the authority of some of the expressions used in the case of Wood v. Goodridge, 6 Cush. 117. But, without considering the precise accuracy of all the observations found in the opinion in that case, upon a point which was not necessary to its decision, we do not think it applicable to the case at bar.
*44The contract upon which this suit is brought was a contract not under seal, for the sale of personal property. It was not essential to its validity that it should be in writing. Some memorandum in writing, signed by the defendant,…
2Cited by18 opinions
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- Byington v. SimpsonMassachusetts Supreme Judicial Court · 1883
- Bartlett v. TuckerMassachusetts Supreme Judicial Court · 1870
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