Quintard v. Bacon
Massachusetts Supreme Judicial Court
Contract for the price of two hundred and fifty tons of coal at seven dollars per ton, sold by the plaintiffs to the defendant, and shipped by them from Philadelphia, consigned to him at Boston.
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Contract for the price of two hundred and fifty tons of coal at seven dollars per ton, sold by the plaintiffs to the defendant, and shipped by them from Philadelphia, consigned to him at Boston. In the superior court these facts were agreed : The defendant gave an oral order to the plaintiffs for the coal, on February 9, 1866. The bill of lading of it was signed on February 27 at Philadelphia, and left at the defendant’s office in Boston at some time during the first three days of March. The defendant was sick at Bedford, fifteen miles from Boston, and absent from bis office from March 1 to…
1Opinion of the CourtHoar, J.
The contract upon which the plaintiffs sue was a contract for the sale of merchandise, for the price of more than fifty dollars. There was no memorandum of the contract in writing, and it was therefore not a valid contract, unless the defendant accepted and received some part of the merchandise. Gen. Sts. c. 105, § 5. The only acceptance relied upon was a constructive acceptance by the receipt of the bill of lading. But whatever might be the effect of the receipt of a bill of lading, with the intention and for the purpose of thereby assuming the ownership and control of the property therein…
2Cited by5 opinions
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