Atwater v. Hough
Supreme Court of Connecticut
Assumpsit, for breach of a contract to manufacture and deliver to the plaintiff one hundred sewing machines. On the trial to the jury on the general issue, the plaintiff offered evidence to show that, on the 18th of March, 1858, he made a parol contract with the defendants for one hundred sewing machines, of the plaintiff’s patent, to be boxed and delivered at the Berlin depot, on the Saturday but one thereafter, to be finished in accordance with a model’ then in their…
Read the full summary
Assumpsit, for breach of a contract to manufacture and deliver to the plaintiff one hundred sewing machines. On the trial to the jury on the general issue, the plaintiff offered evidence to show that, on the 18th of March, 1858, he made a parol contract with the defendants for one hundred sewing machines, of the plaintiff’s patent, to be boxed and delivered at the Berlin depot, on the Saturday but one thereafter, to be finished in accordance with a model’ then in their possession,, furnished by the plaintiff,^except a type metal guide in the looping apparatus, for the price of §5.75 for each…
1Opinion of the CourtSanford, J.
In this case the defendants requested the court to charge the jury that, if they found the facts as claimed by the defendants, the contract was within the statute of frauds and void and therefore that their verdict should be for the defendants. The court did not charge the jury as requested, and the question reserved for our advice is, whether upon the facts as claimed by the defendants and detailed in the motion, the agreement between' these parties was, or was not, a contract for the sale of goods.
These facts are, that the defendants themselves were not *512manufacturers of sewing machines, but…
2Cases cited4 opinions
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Crawford v. MorrellNew York Supreme Court · 1811
- Bennett v. HullNew York Supreme Court · 1813
- Jackson v. CovertNew York Supreme Court · 1830
3Cited by15 opinions
- Frederick Raff Co. v. MurphySupreme Court of Connecticut · 1929
- Becker v. MasonSupreme Court of Kansas · 1883
- Pratt v. MillerSupreme Court of Missouri · 1891
- Bunch v. GarnerSupreme Court of Alabama · 1922
- Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
10 more not listed; retrieve them via the Exa API.