Cohen v. Pemberton

• Decision Date: 05 September 1885
• Citation: 53 Conn. 221,5 A. 682
• Parties: COHEN v. PEMBERTON.
• Court: Connecticut Supreme Court

5 A. 682

53 Conn. 221

COHEN

v. PEMBERTON.

Supreme Court of Errors of Connecticut.

September 5, 1885.

For majority opinion see 2 Atl. Rep. 315.

STODDARD, J., (dissenting.)

It does not appear to be found as a fact that a description of hats and caps by the number, as expressing the size, has such a definite and precise meaning, even in that trade, that a hat or cap called seven and a quarter is a different thing, either actually or as understood by the trade, from a similar hat or cap called seven and an eighth; and it is found that the defendant admitted that he had no way of telling what the variation in size was. As this court can exercise jurisdiction to revise questions of law only, I think it cannot, by assuming that the articles in question were different things, say as matter of law that the court below erred in treating the claimed variations as immaterial. I therefore cannot concur in the opinion of the court.