Lincoln v. Erie Preserving Co.
Massachusetts Supreme Judicial Court
Contract for the non-delivery of 3000 cases of corn. Answer, the statute of frauds. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions in substance as follows: The defendant is a corporation established in New York, engaged in packing fruits and vegetables. The plaintiff is a broker and dealer having his office in Boston. He had acted as broker for the defendant, and had also dealt with it in his own name.
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Contract for the non-delivery of 3000 cases of corn. Answer, the statute of frauds. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions in substance as follows: The defendant is a corporation established in New York, engaged in packing fruits and vegetables. The plaintiff is a broker and dealer having his office in Boston. He had acted as broker for the defendant, and had also dealt with it in his own name. On September 26, 1879, the plaintiff signed and sent from Boston to the defendant the following telegram: “ Telegraph how much corn you will…
1Opinion of the CourtAllen, J.
The telegrams do not contain any offer by the defendant to sell to the plaintiff. The plaintiff was a broker, and had acted as a broker for the defendant, and also had dealings with it on his own account. Construing the first two telegrams together, the defendant says to the plaintiff that it will sell a certain quantity of corn, on certain terms, and within a certain time; but it does not say that it will sell to the plaintiff. It says in effect that it will hold the corn for a week, for the plaintiff to find a purchaser. The plaintiff’s reply confirms this construction, for he does not say…
2Cited by9 opinions
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
- Tobias v. LynchAppellate Division of the Supreme Court of the State of New York · 1920
- Montgomery Ward & Co. v. JohnsonMassachusetts Supreme Judicial Court · 1911
- Nickel v. Theresa Farmers Co-Operative Asso.Wisconsin Supreme Court · 1945
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