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SALMON FALLS MANUFACTURING COMPANY V. GODDARD, 55 U. S. 446 (1852)

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U.S. Supreme Court

Salmon Falls Manufacturing Company v. Goddard, 55 U.S. 14 How. 446 446 (1852)

Salmon Falls Manufacturing Company v. Goddard

55 U.S. (14 How.) 446

Syllabus

The statute of frauds in Massachusetts is substantially the same as that of 29 Car. 2, and declares that no contract for the sale of goods &c., shall be valid &c.,

"unless

Page 55 U. S. 447

some note or memorandum in writing of the bargain be made and signed by the party to be charged thereby or by some person thereunto by him lawfully authorized."

The following memorandum, viz.:

Sept. 19 -- W. W. Goddard, 12 mos.

300 bales S.F. drills . . . . . . . . . 7 1/4

100 cases blue do. . . . . . . . . . . 8 3/4

Credit to commence when ship sails:

not after Dec. 1st -- delivered free

of charge for truckage.

The blues, if color satisfactory to

purchasers.

R. M. M.

W. W. G.

-- is sufficient to take the case out of the statute.

If the terms are technical or equivocal on the face of the instrument, or made so by reference to extraneous circumstances, parol evidence of the usage and practice in the trade, is admissible to explain the meaning.

It was competent also to refer to the bill of parcels delivered for the purpose of explanation. It was made out and delivered by the seller, in the course of the fulfillment of the contract, acquiesced in by the buyer, and the goods ordered to be delivered after it was received.

The facts are set forth in the opinion of the Court, and also the rulings of the circuit court. The bill of exceptions extended over thirty pages of the printed record. chanroblesvirtualawlibrary

Page 55 U. S. 453





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