Brown v. Henry
Massachusetts Supreme Judicial Court
Contract, against William S. Henry and Charles C. Parsons, copartners as Henry and Parsons, to recover damages for the refusal to deliver about 25,000 pounds of Alabama wool alleged to have been sold to the plaintiffs by one Salter, a broker. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows.
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Contract, against William S. Henry and Charles C. Parsons, copartners as Henry and Parsons, to recover damages for the refusal to deliver about 25,000 pounds of Alabama wool alleged to have been sold to the plaintiffs by one Salter, a broker. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows. Richard J. Salter testified that he was a member of the firm of Salter "Brothers, wool brokers, and had been a wool broker in Boston about four years, and prior thereto in New York and St. Louis; that he knew the defendants had about 25,000 pounds…
1Opinion of the CourtKnowlton, J.
It appeared upon the undisputed evidence that the broker inserted in the written memorandum of sale certain provisions which were not expressly authorized by the defendants. The jury found that there was no custom under which he could bind the defendants by these agreements. He was not the defendants’ general agent, and the terms of his authority to make a. sale could be inquired into. He could bind the defendants only by such a contract as they authorized him to make. Coddington v. Goddard, 16 Gray, 436. Remick v. Sandford, 118 Mass. 102.
Under the instructions of the court and the finding…
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