Remick v. Sandford
Massachusetts Supreme Judicial Court
Contract against Joseph H. Sandford, George Lovejoy and Robert P. Gould, copartners doblg business under the firm name of O. A. Bingham & Co., to recover the price of twenty-four bags of wool of the value of $2930.40, sold and delivered by the plaintiff to the defendants. Answer: 1. That the sale was by sample, and with the representation and warranty that the wool corresponded with the sample, and that in fact it did not so correspond. 2. The statute of frauds.
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Contract against Joseph H. Sandford, George Lovejoy and Robert P. Gould, copartners doblg business under the firm name of O. A. Bingham & Co., to recover the price of twenty-four bags of wool of the value of $2930.40, sold and delivered by the plaintiff to the defendants. Answer: 1. That the sale was by sample, and with the representation and warranty that the wool corresponded with the sample, and that in fact it did not so correspond. 2. The statute of frauds. After the former decision reported 118 Mass. 102, the case was tried in the Superior Court, before Rockwell, J., who allowed °> bill…
1Opinion of the CourtDeyens, J.
To the instructions given, upon the theory of the plaintiff, that the sale of the goods was in the ordinary way, and not a sale by sample, with an implied warranty that the goods should be equal to the sample, no exception is taken. It was however contended by the defendants that the sale was by sample, and that there was no written memorandum of the contract (it being a sale of goods to the value of more than fifty dollars) such as is required by the statute of frauds. The broker’s note did not afford such evidence, as it omitted the important element of a warranty upon the sale, and, if…
2Cases cited3 opinions
- Johnson v. CuttleMassachusetts Supreme Judicial Court · 1870
- Knight v. MannMassachusetts Supreme Judicial Court · 1875
- Remick v. SandfordMassachusetts Supreme Judicial Court · 1875
3Cited by21 opinions
- Hinchman v. LincolnSupreme Court of the United States · 1888
- Taylor v. MuellerSupreme Court of Minnesota · 1883
- Brigham v. HibbardOregon Supreme Court · 1896
- Meyer, Wilson & Co. v. Thompson, De Hart & Co.Oregon Supreme Court · 1888
- Ryan v. GilbertMassachusetts Supreme Judicial Court · 1947
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