Leatherbee v. Bernier

Decided January 9, 1903

Massachusetts Supreme Judicial Court · decided 1903-01-09

Contract by a commission dealer in bricks and other building materials, against a manufacturer of bricks, for failure to deliver five hundred and fifty thousand bricks under an alleged agreement. Writ dated September 9, 1901.

Cited by 2 later decisions — most recently October 1919

2 state decisions

Relies on Oakman v. Rogers

Good law ✅— No negative treatment on recordhow we know

Decided 1903-01-09

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Lathrop, J.

¶1The letters relied on do not show that the parties ever agreed on the terms of the alleged contract of sale. They are therefore not a sufficient memorandum to take the case out of the statute of frauds.

¶2Exhibit B, while purporting to accept an offer, is not responsive to Exhibit A, and apparently refers to some other offer than the conditional one contained in Exhibit A. Exhibit C refers neither to Exhibit B nor Exhibit Á, and apparently refers to another oral communication. Oakman v. Rogers, 120 Mass. 214.

¶3Exceptions overruled.