Hobbs v. Massasoit Whip Co.
Massachusetts Supreme Judicial Court
Contract, upon an account annexed for one hundred and eight -f-fa dollars, for 2,850 eelskins sold by the plaintiff to the defendant. At the trial in the Superior Court, before Hammond, J., it appeared in evidence that the plaintiff lived in Saugus, and the defendant had its usual place of business in Westfield, and was engaged in the manufacture of whips.
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Contract, upon an account annexed for one hundred and eight -f-fa dollars, for 2,850 eelskins sold by the plaintiff to the defendant. At the trial in the Superior Court, before Hammond, J., it appeared in evidence that the plaintiff lived in Saugus, and the defendant had its usual place of business in Westfield, and was engaged in the manufacture of whips. The plaintiff testified that he delivered the skins in question to one Harding of Lynn, on February 18, 1890, who upon the same or the following day forwarded them to the defendant; that the skins were in good condition when received by…
1Opinion of the CourtHolmes, J.
This is an action for the price of eelskins sent by the plaintiff to the defendant, and kept by the defendant some months, until they were destroyed. It must be taken that the plaintiff received no notice that the defendants declined to accept the skins. The case comes before us on exceptions to an instruction to the jury, that, whether there was any prior contract or not, if skins are sent to the defendant, and it sees fit, whether it has agreed to take them or not, to lie back, and to say nothing, having reason to suppose that the man who has.sent them believes that it is taking them, since…
2Cases cited3 opinions
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
- McCarthy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1889
- Taylor v. Dexter Engine Co.Massachusetts Supreme Judicial Court · 1888
3Cited by62 opinions
- George Lambert, D/B/A Rainbow Fruit v. Sam Kysar and Joan Kysar, D/B/A Lewis River Tree FarmCourt of Appeals for the First Circuit · 1993
- Al's Service Center v. Bp Products North America, Inc.Court of Appeals for the Seventh Circuit · 2010
- Gendzier v. BieleckiSupreme Court of Florida · 1957
- Ismert and Associates, Inc. v. New England Mutual Life Insurance CompanyCourt of Appeals for the First Circuit · 1986
- Bump v. RobbinsMassachusetts Appeals Court · 1987
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