Legal Opinion

Smith v. Stanton

Supreme Court of Vermont

Decided March 15, 1843PublishedCited by 22 opinions

Assumpsit on a contract for the purchase of wool. Plea, non assumpsit, and trial by jury. The plaintiffs introduced testimony tending to prove that in June or July, 1839, the defendant applied to the plaintiffs to purchase a quantity of wool; that the parties agreed upon the price per pound ; that the plaintiffs then had on hand some portion of the wool, only, but how much did not appear, and that they stated that they expected to receive, soon, certain other parcels, which…

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Assumpsit on a contract for the purchase of wool. Plea, non assumpsit, and trial by jury. The plaintiffs introduced testimony tending to prove that in June or July, 1839, the defendant applied to the plaintiffs to purchase a quantity of wool; that the parties agreed upon the price per pound ; that the plaintiffs then had on hand some portion of the wool, only, but how much did not appear, and that they stated that they expected to receive, soon, certain other parcels, which the defendant agreed to take, with that on hand ; and that no part of the wool was delivered, and no money or other…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

Two questions arise upon the bill of exceptions: 1. Whether the present is a case within the statute for the prevention of frauds and perjuries; 2. If it is, whether the written evidence produced upon the trial was sufficient to satisfy the requirements of the statute.

It was the prevailing opinion, for a time, that the statute applied only to contracts for the immediate sale and delivery of goods, and did not extend to any case of an executory contract. This distinction arose from what was said by the court in Clayton v. Andrews, 4 Burr. R.…

2Cases cited1 opinion

  1. Catlin v. BarnardSupreme Court of Vermont · 1825

3Cited by22 opinions

  1. Hall v. Misenheimer.Supreme Court of North Carolina · 1904
  2. Turner v. Lorillard Co.Supreme Court of Georgia · 1897
  3. Reynolds v. SullivanSupreme Court of Vermont · 1978
  4. Wagniere v. DunnellSupreme Court of Rhode Island · 1909
  5. Couture v. LowerySupreme Court of Vermont · 1961

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