Atherton v. Newhall
Massachusetts Supreme Judicial Court
Contract to recover the price of 660 sides of sole leather. At the trial in the Superior Court, before Gardner, J., it appeared that the plaintiffs were dealers in leather in Boston, and that the defendants were manufacturers of boots and shoes in Lynn.
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Contract to recover the price of 660 sides of sole leather. At the trial in the Superior Court, before Gardner, J., it appeared that the plaintiffs were dealers in leather in Boston, and that the defendants were manufacturers of boots and shoes in Lynn. One of the plaintiffs testified that the defendant New-hall called at their store on Saturday, November 9, 1872, examined some leather, and said he would take “ what leather was adapted to his purpose,” being leather “ light weight ” in thickness, out of a certain lot of about 800 sides which were piled up m the store; and that, after Newhall…
1Opinion of the CourtGray, C. J.
It is unnecessary to consider whether there was a sufficient delivery to complete the sale, because it is quite clear, upon the authorities, that there was no such acceptance and receipt of part of the goods as would satisfy the statute of frauds. Gen. Sts. c. 105, § 5. Such acceptance must be by the buyer himself, or by some one authorized to accept in his behalf. The acts of the buyer on Saturday did not constitute such an acceptance, because, according to the seller’s own testimony, the buyer merely agreed to take all the sides of leather of a certain thickness, which were not then set…
2Cases cited4 opinions
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Remick v. SandfordMassachusetts Supreme Judicial Court · 1876
- Johnson v. CuttleMassachusetts Supreme Judicial Court · 1870
- Knight v. MannMassachusetts Supreme Judicial Court · 1875
3Cited by10 opinions
- Fontaine v. BushSupreme Court of Minnesota · 1889
- Libman v. Fox-Pioneer Scrap Iron Co.Wisconsin Supreme Court · 1921
- Kemensky v. ChapinMassachusetts Supreme Judicial Court · 1907
- Rodgers v. JonesMassachusetts Supreme Judicial Court · 1880
- John Thallon & Co. v. Edsil Trading Corp.New York Court of Appeals · 1951
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