Cabot v. Winsor
Massachusetts Supreme Judicial Court
Contract to recover the price of four hundred and seventy-five bundles of gunny bags, sold and delivered by the plaintiff to the defendants. At the trial in the superior court, the defendants admitted their liability to pay for two hundred bundles, but denied their liability to pay for any more.
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Contract to recover the price of four hundred and seventy-five bundles of gunny bags, sold and delivered by the plaintiff to the defendants. At the trial in the superior court, the defendants admitted their liability to pay for two hundred bundles, but denied their liability to pay for any more. The plaintiff introduced in evidence a paper, of which the following is a copy: “ Boston, Sept. 4 1858. Sold to Nath’l -Winsor Jr., & Co., for account of Stephen Cabot, Esq., five hundred (500) bundles, more or less, gunny bags at 10c. per bag. Terms, 6 months. Simeon Sowle & Co., Brokers for the…
1Opinion of the CourtBigelow, C. J.
The paper or writing on which the plaintiff relies in support of his case is not a mere bill of parcels, designed to specify only the quantity and price of articles sold, nor was it so intended and understood by the parties. It is a written memorandum or contract of sale, drawn up by a broker as the agent of both parties, in the form of what is usually termed a “ sold note,” and designed to embody the terms and conditions of a bargain for the sale of merchandise, so as to bind the parties by an agreement valid and sufficient under the statute of frauds. To this contract, the defendants have…
2Cases cited1 opinion
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
3Cited by5 opinions
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- Mercier v. James Murchie's Sons Co.Supreme Judicial Court of Maine · 1914
- Bloomingdale v. HewittAppellate Division of the Supreme Court of the State of New York · 1899