PHILLIPS V. MOOR 71 Me. 78 (1880) CASE BRIEF

PHILLIPS V. MOOR

71 Me. 78 (1880)

NATURE OF THE CASE: This was a dispute over the sale of hay. This was an appeal from a judgment on plaintiff seller's claim in assumpsit for an account annexed. The seller delivered hay to defendant, a buyer, for pressing. The buyer then offered to buy the hay and the seller accepted the offer, but the hay was destroyed in a fire prior to payment. The buyer refused to pay for the hay and billed the seller for the pressing, and the seller filed suit.

FACTS: Negotiations took place over the sale of hay. After the hay was pressed, D made an offer to give P $9.50 per ton for all but three tons and for that he would pay $5.00 per ton. This card was mailed by D on June 15. P replied on June 20 wherein he hoped that D would have paid him $10 for the best quality but you can take the hay at your offer but if you can 'see fit to pay the $10 after getting it in please feel free to do so.' D received the letter that night and the next day the hay was burnt in the barn. P sued D because D refused to pay for the hay.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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