Massachusetts Supreme Judicial Court, 1870

Dean v. Tallman

Massachusetts Supreme Judicial Court · Decided October 15, 1870 · Gray

105 Mass. 443

Cases that cite this one

10 later published cases cite this decision.

Hammond Coal Co. v. Lewis (Mass. 1924)
Snap-on Tools v. South Shore Buick Co. (Mass. Dist. Ct., App. Div. 1962)
Cohen v. Imperial (Mass. Dist. Ct., App. Div. 1962)
Irving Tanning Co. v. Shir (Mass. 1936)
James Mack Co. v. Bear River Milling Co. (Utah 1924)
Houghton & Dutton Co. v. Journal Engraving Co. (Mass. 1922)
Atlas Lumber & Coal Co. v. Flint (S.D. 1905)
French v. Boston National Bank (Mass. 1901)
Harris v. Frank (Cal. 1889)
Stratton v. Hill (Mass. 1883)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gray, J.

The defendant’s promise was not within the statute of frauds.

1. It was not a promise to pay the debt of Mary Bush, for the jury have found that no credit was ever given to her, and that question was rightly submitted to the jury. Swift v. Pierce, 13 Allen, 136.

2. It was not a promise not to be performed within a year, for it might have been performed within that time. Roberts v. Rockbottom Co. 7 Met. 46. Doyle v. Dixon, 97 Mass. 208.

*4453. It was taken out of the clause relating to the sale of goods, by the delivery of the goods to and acceptance of them by the person to whom the defendant directed them to be delivered, and whom he thereby made his agent for that purpose. Snow v. Warner, 10 Met. 132. Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.