Townsend v. Hargraves
Massachusetts Supreme Judicial Court
Contract to recover the price of thirty-seven bales of wool. The declaration contained two counts : one upon an account annexed, and the other a common count for goods sold, and interest thereon.
Read the full summary
Contract to recover the price of thirty-seven bales of wool. The declaration contained two counts : one upon an account annexed, and the other a common count for goods sold, and interest thereon. The answer admitted the defendant’s liability for eighteen of the bales, valued at $3889.08, and, as to the rest, denied the allegations of the declaration and pleaded the statute of frauds. . Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows: The plaintiff’s evidence tended to prove the following facts: The plaintiff, on November 1,1872, was the…
1Opinion of the CourtColt, J.
The plaintiff relied on an oral contract of sale to the defendant of a quantity of wool in bales then in Boston, and held in store by one Williams. The sale was by sample at the invoice weight for a given price per pound, and the bales were specifically designated and appropriated by the terms of the contract.
*332At the time of the great fire of November 9, 1872, a part of the wool had been sent to the railroad station in Boston, and was either there or at the defendant’s mill in Maine, or in transit to the mill, and a part remained and was burned in the storehouse of Williams. The defendant…
2Cases cited6 opinions
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Argus Co. v. . Mayor, Etc., of AlbanyNew York Court of Appeals · 1874
- Foster v. RopesMassachusetts Supreme Judicial Court · 1872
- Haynes v. NiceMassachusetts Supreme Judicial Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Marks v. . CowdinNew York Court of Appeals · 1919
- Hinchman v. LincolnSupreme Court of the United States · 1888
- McKinney v. National Dairy CouncilDistrict Court, D. Massachusetts · 1980
- Conrad v. FisherMissouri Court of Appeals · 1889
- Dangelo v. FarinaMassachusetts Supreme Judicial Court · 1942
51 more not listed; retrieve them via the Exa API.