32 Me. 448
Supreme Judicial Court of Maine
Decided April 15, 1851
Supreme Judicial Court of Maine · decided 1851-04-15
Exceptions from the District Court, Cole, J. Assumpsit, upon an alleged contract by the defendant to purchase of the plaintiff from twenty-five to forty tons of pressed, hay to be shipped to Massachusetts. There was evidence tending to prove the contract as alleged, and that the plaintiff afterwards purchased forty tons, and procured it to be delivered at the stipulated time and place, in readiness .for the defendant, who though duly notified refused to receive it.
Good law ✅— No negative treatment on recordhow we know
Decided 1851-04-15
Cited by 7 later decisions — most recently August 1948
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1orally.—The sale of pressed hay unbranded, is a violation of the statute, and equally so, whether to be visited by a forfeiture of the article or by a pecuniary penalty. The statute though not in express terms, yet by unavoidable inference, prohibits every such sale.
¶2This is a suit brought to recover against the defendant for not completing a sale, prohibited by law. Such a suit can never be maintained. Nonsuit confirmed.