Sabre v. Smith
Supreme Court of New Hampshire
APPEAL, from the decision of tbe commissioner of insolvency upon the claim of the plaintiff against the estate of the defendant’s intestate.
Read the full summary
APPEAL, from the decision of tbe commissioner of insolvency upon the claim of the plaintiff against the estate of the defendant’s intestate. The plaintiff was allowed $38.72, his whole claim, according to the account annexed to the declaration, being as follows: 1881, April 28, amount overpaid for hay, $38.72 “ May Damages for not delivering 192tons of hay as per contract, @ $6.50, 1,251.25 “ “ Damages for not delivering 200 tons of hay, as per contract, 1,200.00 $2,489.97 Jury trial waived. Facts found by the court. Putnam, the intestate, died May 10, 1881. At the trial the plaintiff;…
1Opinion of the CourtBlodgett, J.
The written agreement of November 23, 1880, contains the names of the two contracting parties, the signature of the one sought to be charged, the consideration, and the promise and acceptance of the other party. There is consequently nothing lacking to give it validity as a contract for the sale of three hundred tons of hay by the deceased to the defendant, and for its delivery within the time specified, under s. 16, e. 221, Gen. Laws, which provides that “No contract for the sale of goods, wares, or merchandise, for the price of thirty-three dollars or more, is valid .... unless some note or…
2Cited by2 opinions
- Cross v. LinskiSupreme Court of New Hampshire · 1976
- Downing v. FarmingtonSupreme Court of New Hampshire · 1894