Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 66

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 66

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...that a verbal offer subsequently reduced to writing in the form of a contract, and signed by the parties, or even by the party making it could not be treated as a memorandum of a verbal offer or agreement; Washington Ice Uo. v. Webster, 62 Maine, 341; that the verbal contract, if any existed, covered only one or two of the many elements of the written contract; that the contract dated March 2, and written, executed and delivered March 24, could have no validity before the latter date; that the written contract took its force and effect from the day of its execution and delivery, and not from the day of its date; flall v. Cazenove, 4 East, 477; Joseph v. Bigelow, 4 Cush. 82; Jackson v. S/zoonmaker, 2 Johns. 230; that if the instrument had no validity as a sale prior to March 24, it had validity for no purpose prior to that time; Egery v. Woodard, 56 Maine, 45. Pnxrnns, J. On March 2, 1874, at Rockland, in this state, the defendant contracted verbally with the plaintiffs for the purchase of a quantity of ice, to be delivered, (by immediate shipments, ) to the defendant in New York. On March 10, 1874, or thereabouts, the defendant, by his want of readiness to receive a portion of the ice as he had agreed to, temporarily prevented the plaintiffs from performing the contract on their part according to the preparations made by them for the purpose. On March 24, 1874, the parties, then in New York, put their previous verbal contract into writing, ante-dating it as an original contract made at Rockland on March 2, 1874. On the same day, (March 24, ) by consent of the defendant, the plaintiffs sold the same ice to another party, reserving their claim against the defendantfor the damages sustained by them by the breach of the contract by the.
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Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236876571
  • 9781236876577