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Phillips v. Moor

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


Facts

George Moor (defendant) entered into negotiations with Augustus 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 examined the hay to determine its quality and made a written offer to Phillips to purchase the hay, which Phillips accepted. After Moor received the acceptance, he engaged a third party to haul the hay from the barn. However, before the hay was hauled away, the hay was destroyed by a fire in the barn. Moor refused to pay the purchase price and charged Phillips for the pressing. Moor sued for the cost of the pressing, and Phillips sued for the purchase price.

Rule of Law

Issue

Holding and Reasoning (Barrows, J.)

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