Massachusetts Supreme Judicial Court, 1903

Leatherbee v. Bernier

Leatherbee v. Bernier
Massachusetts Supreme Judicial Court · Decided January 9, 1903 · Lathrop
182 Mass. 507; 65 N.E. 842; 1903 Mass. LEXIS 901

Leatherbee v. Bernier

Opinion of the Court

Lathrop, J.

The 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.

Exhibit 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.

Exceptions overruled.

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