Johnson v. Cuttle
Massachusetts Supreme Judicial Court
Contract to recover $129, as the price of goods .sold and de • livered. At the trial in the superior court, before Pitman, J., it appeared that, upon an order given by the defendant to the plaintiffs, the goods were delivered by the plaintiffs to the proprietors of a line of steamboats as common carriers, and by them brought from New York to Fall River, and landed and lodged in their warehouse at Fall River; that they were delivered by the plaintiffs to the carriers, and…
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Contract to recover $129, as the price of goods .sold and de • livered. At the trial in the superior court, before Pitman, J., it appeared that, upon an order given by the defendant to the plaintiffs, the goods were delivered by the plaintiffs to the proprietors of a line of steamboats as common carriers, and by them brought from New York to Fall River, and landed and lodged in their warehouse at Fall River; that they were delivered by the plaintiffs to the carriers, and brought to Fall River, in accordance with an express direction by the defendant to the plaintiffs that all goods ordered by…
1Opinion of the CourtGray, J.
This is an action to.recover the price of goods sold and delivered by the plaintiffs to the defendant. The price being more than fifty dollars, and there being no memorandum in writing of the contract, and nothing given by the buyer in earnest to bind the bargain, or in part payment of the price, proof that he accepted and received part of the goods is required by the statute of frauds to make the contract valid. Gen. Sts. c. 105, § 5.
• Viewing the facts proved at the trial in the light most favorable to the plaintiffs, it is clear that there was no such acceptance and receipt of any part of…
2Cases cited1 opinion
- Quintard v. BaconMassachusetts Supreme Judicial Court · 1868
3Cited by18 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Remick v. SandfordMassachusetts Supreme Judicial Court · 1876
- Knight v. MannMassachusetts Supreme Judicial Court · 1875
- Fontaine v. BushSupreme Court of Minnesota · 1889
- Taylor v. MuellerSupreme Court of Minnesota · 1883
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