Atherton v. Newhall
| Decision Date | 07 September 1877 |
| Citation | 123 Mass. 141 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | William Atherton & others v. Lucian Newhall & another |
Suffolk. Contract to recover the price of 660 sides of sole leather. At the trial in the Superior Court, before Gardner J., it appeared that the plaintiffs were dealers in leather in Boston, and that the defendants were manufacturers of boots and shoes in Lynn. One of the plaintiffs testified that the defendant Newhall called at their store on Saturday November 9, 1872, examined some leather, and said he would take "what leather was adapted to his purpose," being leather "light weight" in thickness, out of a certain lot of about 800 sides which were piled up in the store; and that, after Newhall had gone, he assisted in sorting out the leather intended for the defendants, which was then rolled up into 44 rolls, containing 660 sides weighed, marked with the defendants' names, and placed near the front door of the store, ready for delivery. It was also in evidence that in the afternoon of the same day an expressman, who was in the habit of calling at the plaintiffs' store for goods for Lynn, called and took six rolls of the leather, containing 90 sides, which was all his wagon could carry, with the goods then on it, but did not deliver them until the Monday following to the defendants, who were regular customers of his; but in this case no order had been given to him by either party. The plaintiffs' store with its contents, including the remaining 570 sides of leather, was burned in the great fire of November 9, 1872. On Monday, November 11, 1872, the defendant Newhall called on the plaintiffs and produced the bill, which he had received from the plaintiffs, for the 660 sides, and requested their bookkeeper to correct the bill so as to correspond with the amount of leather actually received by him, and the bookkeeper thereupon deducted the 570 sides from the bill. On March 20, 1873, he tendered to the plaintiff $ 394, the amount due for the 90 sides, which they declined to receive.
Upon this evidence, the judge ruled that there was no evidence of any delivery to or acceptance by the defendants of the 570 sides of leather, directed the jury to return a verdict for the price of the 90 sides, and reported the case for the consideration of this court. If the action could be maintained for the whole 660 sides, the verdict was to be set aside; otherwise, judgment was to be entered on the...
To continue reading
Request your trial
-
Stifft v. Stiewel
...to perfect delivery to Stifft, there was no sale under the statute, and the alleged verbal sale was void. 129 Mass. 420; 120 Mass. 290; 123 Mass. 141; 96 Am. St. 211; 47 N.Y. 449; 37 Me. 181; 22 Mo. 354; 43 N.E. 575; 64 P. 342; 54 N.E. 461; 56 P. 451; 81 Ark. 127. See also 1 N.Y. 126; 3 Joh......
-
Herrington v. Julius Seidel Lumber Co.
...Pemberton, 53 Conn. 221; Gardner v. Lane, 12 Allen 39; s. c. on third appeal, 98 Mass. 517; Rodman v. Guilford, 112 Mass. 405; Atherton v. Newhall, 123 Mass. 141; Buggy Co. v. Montana Stables, 43 Wash. St. 49; Kellogg v. Murphy, 54 N.Y. 685; Kipp v. Meyer, 5 Hun, 111; Gilbert v. Alton, 88 A......
-
Robbins v. Horn
...225. Samples not regarded as part of the goods sold, and delivery of samples not a delivery of the cotton. 70 L. R. A. 321. See, also, 123 Mass. 141. Alford was not the agent of Brothers. 62 Ark. 33; 92 Id. 315; 105 Ill. ; 117 Ark. 173; 111 Id. 229. One who deals with a special agent is bou......
-
Kemensky v. Chapin
...to indicate positively that they declined to accept and that thereafter the onions were subject to the plaintiff's disposal. Atherton v. Newhall, ubi supra. Dorr v. Fisher, Cush. 271, 279; Douglass Axe Mfg. Co. v. Gardner, 10 Cush. 88, 90; Cox v. Willey, 183 Mass. 410, 412, 67 N.E. 367. The......