Audenried v. Randall
United States Circuit Court
At law. Special assumpsit, together with the common counts for goods sold and delivered, and for money had and received.
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At law. Special assumpsit, together with the common counts for goods sold and delivered, and for money had and received. The-substantial charge of the special counts was, that the plaintiff at the request of the defendants, on the 16th of March, 1865, bargained and sold to the defendants a certain quantity of coal called “Broad Top Coal,”' being the cargo of the brig Russian, then on ner voyage from Philadelphia to Portland, as per bill of lading of the 30th of the same month, amounting to 289 tons, and that the defendants subsequently, when the vessel arrived with the coal on board, refused…
1Opinion of the Court
CLIFFORD, Circuit Justice.
The principal defence is, that the contract was within the statute of frauds, and void. The contract was made in Massachusetts, and the statute there provides that no contract for the sale of goods, wares, or merchandise for the price of $50 or more shall be good or valid until the purchaser accepts or receives part of the goods so sold, or gives something in earnest, to bind the bargain, or in part payment, or unless some note or memorandum in writing of the bargain is made and signed by the party to be charged thereby, or by some person by him thereunto lawfully…
2Cases cited8 opinions
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Bailey v. OgdenNew York Supreme Court · 1808
- Outwater v. DodgeNew York Supreme Court · 1831
- Dows v. . PerrinNew York Court of Appeals · 1857
- White v. South Shore RailroadMassachusetts Supreme Judicial Court · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tuthill v. . SkidmoreNew York Court of Appeals · 1891
- Meehan v. SharpMassachusetts Supreme Judicial Court · 1890
- In re Clairfield Lumber Co.District Court, E.D. Kentucky · 1911