Cohen v. Morneault
Supreme Judicial Court of Maine
On report. An action on. breach of contract. January 3, 1920, the defendant residing at Grand Isle, Maine, entered into an agreement to deliver to the plaintiff at Harlem River, New York, a carload of potatoes in bulk at $3.65 per cwt., and on January 6, 1920, the defendant shipped a car of potatoes consigned to Harlem River, New York, in pursuance of such agreement.
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On report. An action on. breach of contract. January 3, 1920, the defendant residing at Grand Isle, Maine, entered into an agreement to deliver to the plaintiff at Harlem River, New York, a carload of potatoes in bulk at $3.65 per cwt., and on January 6, 1920, the defendant shipped a car of potatoes consigned to Harlem River, New York, in pursuance of such agreement. On January 7, Í920, while the car of potatoes was at Etna, Maine, in custody of the Maine Central Railroad Company, in transit, it was destroyed by fire through accident without any fault of defendant, and defendant refused to…
1Opinion of the CourtDeasy, J.
The defendant contracted to sell to the plaintiff a carload of potatoes. To recover damages for non-delivery of these potatoes this suit is brought.
The contract was entered into through the agency of one A. F. Heald, a produce broker doing business in Boston.
It is evidenced by the following three communications all dated Jan. 3, 1920.
Telegram from Heald to Morneault. “Ship car bulk Sam Cohen Bronx Pro House New York Three sixty-five cwt. delivered Harlem River quick acceptance — ”
Telegram from Moreault to Heald. “Message received accept offer will ship Tuesday.”
Confirmation by mail. Heald to…
2Cases cited9 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Lorillard v. . ClydeNew York Court of Appeals · 1894
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Chicago, Milwaukee & St. Paul Railway Co. v. HoytSupreme Court of the United States · 1893
- Berg v. EricksonCourt of Appeals for the Eighth Circuit · 1916
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