Davis v. Eastman
Massachusetts Supreme Judicial Court
Contract on a paroi agreement made by the defendants in New Hampshire, in July 1853, to sell and deliver to the plaintiff fifty cords of wood, at $3.75 a cord.
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Contract on a paroi agreement made by the defendants in New Hampshire, in July 1853, to sell and deliver to the plaintiff fifty cords of wood, at $3.75 a cord. At the trial in the superior court, the plaintiff sought to take the case out of the operation of the statute of frauds by showing a delivery and acceptance of a part of the wood bargained for; and he testified that, on or about the 26th of September, after the making of the agreement, he went to New Hampshire to see why the wood had not arrived, and saw the defendants, one of whom, after talking with the other, said, “ We ’ll send the…
1Opinion of the CourtMerrick, J.
It is admitted that the contract declared on is in its terms within the statute of frauds. No note or memorandum in writing was made of it; nothing was given by the purchaser to bind the bargain, or in part payment for the property contracted to be sold. It had, therefore, no legal force or validity, unless some portion of the property was subsequently received by the purchaser on account of and in part performance of the contract. Rev. Sts. c. 74, § 4.
To establish this fact the burden of proof was upon the plain tiff. The only evidence produced by him for this purpose was his own testimony,…
2Cited by1 opinion
- Armour & Co. v. Freeman Baking Co.Michigan Supreme Court · 1917