Patton v. Bell

• Decision Date: 01 January 1886
• Citation: 141 Mass. 197,5 N.E. 300
• Parties: PATTON and another v. BELL.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

141 Mass. 197

5 N.E. 300

PATTON and another

v.BELL.

Supreme Judicial Court of Massachusetts.

Filed 1886.

Contract in two counts, the first count being on an account annexed, for 15 tons of hay at $15 per ton; and the second for $225 money had and received. At the trial in the superior court before BLODGETT, J., without a jury, Charles B. Patton, the plaintiff, testified that in the summer of 1883 he was a member of the firm of C.B. Patton & Co., his partner being P.J. Daly. That he had a lease of Long island, and ran a hotel there for the summer; also cut and baled hay grown on the island. That some time in September he called at defendant's (a hay-dealer's) place, in Boston, and saw a young man in charge; told him that his (plaintiff's) firm had some hay they wanted sold. He said, “All right; send it along, and we'll sell it at one dollar per ton commission.” That he sent 111 bales to defendant, and saw that it was delivered. That he paid the teaming. That he afterwards saw the defendant, who said he had got the hay, and that the arrangement made with the young man was all right, about selling it for one dollar per ton. He said, also, that he had sent his own team over, and got 13 bales, weighing one and three-fourths tons, and that made 124 bales delivered defendant. That the hay was baled so as to weigh eight bales to the ton. Plaintiff further testified that he had handled a great deal of hay, and that the hay sued for was worth $17 per ton; that after the hay was sent he called on defendant two or three times for an account; that the last time he called was told by defendant that the hay was not all sold; but he was shown a little lot of loose hay in a store-house, which was not his hay and he saw none of his there; that at the time of one of his visits to defendant's store he saw him sell one lot of hay at $17 per ton, and another lot at $18 per ton; that defendant said he was getting good prices by selling in small lots; that he (plaintiff) could never get an account from defendant. There had never been any dispute as to the amount of bales received but once, and that was when defendant had not credited him with 13 bales sent. P.J. Daly testified to sending an account to defendant of the delivery of 124 bales, and defendant made no objection, but said he had not sold all the hay. The defendant was present at the trial, but did not testify, and offered no evidence. At the close of the plaintiffs' case, the defendant asked ...