Jones v. Knowles
Supreme Judicial Court of Maine
Exceptions from the District Court, Allen, J. Assumpsit on a note to pay twenty-five dollars worth of merchantable boards and clapboards, at the defendant’s mill, at a specified time. The defendant proved that, at the requisite time and place, he set apart hemlock boards and basswood clapboards to that amount, as a payment of the note.
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Exceptions from the District Court, Allen, J. Assumpsit on a note to pay twenty-five dollars worth of merchantable boards and clapboards, at the defendant’s mill, at a specified time. The defendant proved that, at the requisite time and place, he set apart hemlock boards and basswood clapboards to that amount, as a payment of the note. But it was not proved, that either of the articles were surveyed by a qualified surveyor of lumber, or that the clapboards comported with the statute requirements, either in being of the prescribed length, width or thickness, or in being straight and well…
1Opinion of the CourtHoward, J.
— The contract was admitted, but the defendant alleged performance, on his part, in bar of the action. The promise was to pay in “ clapboards and boards to be merchantable,” at a specified time and place, and it must be presumed, in the absence of evidence of any different stipulation, that they were to be of such description as could be legally offered for sale and delivered.
Though not distinctly stated in the exceptions, we infer from them, and understand from the admissions and argument* of counsel, that there has never been an actual delivery of clapboards and boards, but that such were…
2Cases cited3 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Hallett v. NovionNew York Supreme Court · 1817
3Cited by1 opinion
- People v. Globe Mutual Life InsuranceNew York Court of Appeals · 1883