Usher v. Daniels
Supreme Court of New Hampshire
Assumpsit, for not accepting goods. Trial at the January term, 1904, of the superior court before Pike, J. Each defendant entered into a contract with one Cady, the plaintiff’s agent, to buy goods of the value of $91.24, and each as purchaser signed a memorandum of the contract, in which the quantity and kind of goods was stated, together with the price, time of payment, and date of shipment. Cady signed each memorandum in his own name.
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Assumpsit, for not accepting goods. Trial at the January term, 1904, of the superior court before Pike, J. Each defendant entered into a contract with one Cady, the plaintiff’s agent, to buy goods of the value of $91.24, and each as purchaser signed a memorandum of the contract, in which the quantity and kind of goods was stated, together with the price, time of payment, and date of shipment. Cady signed each memorandum in his own name. He was duly authorized to act for the plaintiff, but he did not tell the defendants, nor did they know, that he was agent for any one. Nothing was paid down…
1Opinion of the CourtBingham, J.
As both contracts are for sales of goods at prices exceeding thirty-three dollars, they are within the statute of frauds, and the question arises whether the memorandum in each case is sufficient to satisfy the requirements of the statute, the plaintiff . not being named or described in either of them.
In Chandler v. Coe, 54 N. H. 561, 576, it was held “that where there is a written contract not under seal, executed in the name of an agent, parol evidence is admissible for the purpose of charging an unknown principal; ” that the admission of parol testimony for such a purpose and under such…
2Cases cited8 opinions
- Grafton v. CummingsSupreme Court of the United States · 1879
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
- Winchester v. HowardMassachusetts Supreme Judicial Court · 1867
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Kingsley v. SiebrechtSupreme Judicial Court of Maine · 1898
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3Cited by3 opinions
- Maisch v. CobbSupreme Court of New Hampshire · 1911
- Dunlap v. FossSupreme Court of New Hampshire · 1926
- Appeal of Keith R. Mader 2000 Revocable Trust & a.Supreme Court of New Hampshire · 2021