Penniman v. Hartshorn
Massachusetts Supreme Judicial Court
The declaration, which was in assumpsit, contained nine counts, all grounded on a contract, on the part of the defendants, to purchase of the plaintiff a quantity of cotton. The cause was tried on the general issue at the last November term, before the Chief Justice. * At the trial, the plaintiff relied upon the deposition of one Alexander Jones, to which was annexed an original memorandum in these words and figures, namely : “ Hartshorn and Arnold, of Providence.
Read the full summary
The declaration, which was in assumpsit, contained nine counts, all grounded on a contract, on the part of the defendants, to purchase of the plaintiff a quantity of cotton. The cause was tried on the general issue at the last November term, before the Chief Justice. * At the trial, the plaintiff relied upon the deposition of one Alexander Jones, to which was annexed an original memorandum in these words and figures, namely : “ Hartshorn and Arnold, of Providence. December 13, ) I sold to the above gentlemen 39 bales upland 1813. ) cotton, at 40 cents, — 60 days for approved security. Silas…
1Opinion of the CourtParker, C. J.
This being a bargain for the sale of goods of more than £ 10 in value, and no earnest money paid, nor any part of the goods delivered, it is obvious, that, unless there was a memorandum in writing signed by the defendants, or for them by some person duly authorized, the contract cannot he enforced by action.
*78The second section of the statute of 1788, c. 16, provides, 1 ‘ that no contract for the sale of any goods, &c., for the price of ten pounds or more, shall be allowed to be good, except the purchaser shall accept part of the goods so sold, and actually receive the same, or give something…
2Cited by28 opinions
- Ballou v. SherwoodNebraska Supreme Court · 1891
- State v. HillNebraska Supreme Court · 1896
- Newton v. Emerson, Talcott & Co.Texas Supreme Court · 1886
- Crutchfield v. DonathonTexas Supreme Court · 1878
- Kilday v. SchancuppSupreme Court of Connecticut · 1916
23 more not listed; retrieve them via the Exa API.