Batturs v. Sellers & Patterson
Court of Appeals of Maryland
Appeal from Baltimore county court. The appellant, who was the plaintiff in the court below, on the 14tlj of November 1814, by his agents, Appleton and Poor, sold abale of broad cloths at Baltimore, to the defendants, gave them , i ,íy»í» r j.i a pattern card, containing: a sample cut oil iron one ot the . , , , , , ,, .• i meces of cloth in the bale, and at the same time made out * i ■ „ , —i ’ -i .i . >i j and delivered to them a bill of parcels. 1 he cloths at that ‘ * .…
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Appeal from Baltimore county court. The appellant, who was the plaintiff in the court below, on the 14tlj of November 1814, by his agents, Appleton and Poor, sold abale of broad cloths at Baltimore, to the defendants, gave them , i ,íy»í» r j.i a pattern card, containing: a sample cut oil iron one ot the . , , , , , ,, .• i meces of cloth in the bale, and at the same time made out * i ■ „ , —i ’ -i .i . >i j and delivered to them a bill of parcels. 1 he cloths at that ‘ * . time were in Philadelphia, and were to be delivered when they should arrive$ and the defendants were then t° give their…
1Opinion of the Court
The opinion of the court was delivered by
Buchanan, J.
The question presented for the-conside-
ration of the court is, whether there is a sufficient memorandum in writing within the meaning of the statute of. frauds, to bind the defendants? Which depends on principles governing analogous cases, and that have been too long settled now to be shaken. Ever since the case of Simon vs. Motivos, 3 Burrows, 1921, the writing down the name, by the auctioneer, of the purchaser of goods, sold at auction, has been deemed a sufficient gratification of the statute-rthe. auctioneer being considered as the…
2Cited by8 opinions
- Commonwealth v. BabbittMassachusetts Supreme Judicial Court · 2000
- Spencer v. StateSupreme Court of Alabama · 1852
- Reckord Manufacturing Co. v. MasseyCourt of Appeals of Maryland · 1926
- Wheat v. CroomSupreme Court of Alabama · 1845
- Scholtz v. PhilbinCourt of Appeals of Maryland · 1929
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