New England Dressed Meat & Wool Co. v. Standard Worsted Co.
Massachusetts Supreme Judicial Court
Contract, to recover the price of 5,014 pounds of “ F C wool,” alleged to have been sold by the plaintiff to the defendant. The answer, among other defences, set up the statute of frauds. At the trial in the Superior Court, before Mason, C. J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff seeks to recover only upon the first and third counts of the amended declaration, which set forth a claim for the price of goods sold. As the case was submitted to the jury, a verdict could not be rendered for the plaintiff unless it was proved that the title passed to the defendant. The contract of sale covered certain specific property, namely, the fine combed wool which the plaintiff had on hand when the contract was made, and also such fine combed wool as the plain*329tiff should manufacture within the next thirty days, the whole to be paid for at forty cents per pound. The…
2Cases cited28 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- The Elgee Cotton CasesSupreme Court of the United States · 1875
23 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Danforth v. ChandlerMassachusetts Supreme Judicial Court · 1921
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Ellis & Meyers Lumber Co. v. HubbardSupreme Court of Virginia · 1918
- Nickerson v. WeldMassachusetts Supreme Judicial Court · 1910
- Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
27 more not listed; retrieve them via the Exa API.