History
  • No items yet
midpage
Lewis v. Wood
153 Mass. 321
Mass.
1891
Check Treatment
Morton, J.

Without considering all the objections that have been urged against the memorandum, it is sufficient to say that it is fatally defective in not containing the name of the purchaser, or any designation of him whatever. In order to satisfy the statute, the memorandum should not only have been signed by the defendant or her authorized agent, and have identified the property to be sold, but should also have contained the name of the other party to the contract, or should have described him with reasonable certainty. This was not done, and the memorandum is, therefore, insufficient. Browne on St. Frauds, (4th ed.) § 372. Benjamin on Sales, (4th Am. ed.) § 234. Champion v. Plummer, 1 B. & P. N. C. 252. Williams v. Lake, 2 El. & El. 349. Williams v. Byrnes, 1 Moore, P. C. (N. S.) 154. Vandenbergh v. Spooner, L. R. 1 Ex. 316. Fessenden v. Mussey, 11 Cush. 127. Coddington v. Goddard, 16 Gray, 436, 444. Lincoln v. Erie Preserving Co. 132 Mass. 129. Grafton v. Cummings, 99 U. S. 100. Nichols v. Johnson, 10 Conn. 192. Sherburne v. Shaw, 1 N. H. 157. McGovern v. Hern, ante, 308. The ratio decidendi is that the language of the statute “ cannot be satisfied unless the existence of a bargain or contract appear evidenced in writing, and a bargain or contract cannot so appear unless the parties to it are specified, either nominally or by description, or reference.” Williams v. Byrnes, 1 Moore, P. C. (N. S.) 154,195.

Decree affirmed.

Case Details

Case Name: Lewis v. Wood
Court Name: Massachusetts Supreme Judicial Court
Date Published: Feb 26, 1891
Citation: 153 Mass. 321
Court Abbreviation: Mass.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.