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Phillips v. Moor

Supreme Judicial Court of Maine
71 Me. 78 (1880)


Facts

Moor (defendant) entered into negotiations with Phillips (plaintiff) to purchase hay. Moor stated that his men would press the hay while he decided whether to purchase it, and he would charge Phillips for the pressing. Phillips accepted this offer. Moor subsequently made a written offer to Phillips to purchase the hay, which Phillips accepted. After Phillips received the acceptance the hay was destroyed by fire. Moor refused to pay the purchase price and charged Phillips for the pressing. Phillips sued for the cost of the pressing, and Moor sued for the purchase price.

Rule of Law

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Issue

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Holding and Reasoning (Barrows, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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