Webster v. P. W. Moore & Son
Court of Appeals of Maryland
Appeal from the Circuit Court for Dorchester County (Lloyd, J.) Plaintiff's 6th Prayer. — If the jury believe from the evidence that the three car loads of tomatoes or 1,500 cases admitted to have been delivered to the defendant by the plaintiffs on the .2nd, 8th and 23rd days of October, 1906, were No. 3 standard tomatoes, and were of the kind and quality of the samples submitted to the defendant on the 8th day of September, 1906,. and approved by him, then in that case,…
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Appeal from the Circuit Court for Dorchester County (Lloyd, J.) Plaintiff's 6th Prayer. — If the jury believe from the evidence that the three car loads of tomatoes or 1,500 cases admitted to have been delivered to the defendant by the plaintiffs on the .2nd, 8th and 23rd days of October, 1906, were No. 3 standard tomatoes, and were of the kind and quality of the samples submitted to the defendant on the 8th day of September, 1906,. and approved by him, then in that case, the plaintiffs are entitled in this cause to recover for the last car load of tomatoes or 500 cases containing 1,000 dozen…
1Opinion of the CourtPearce, J.
This is an action of assumpsit by the appellees to recover for 500 cases of canned tomatoes sold and delivered to the appellant. Both parties are packers of canned goods residing .in Dorchester County, Md., the plaintiffs at Cambridge, and the defendant at East Newmarket. The memorandum of the contract, executed in duplicate, is as follows:
“Bought of Mess. P. W. Moore & Son, Cambridge, Md.
For account of Mr. Chas. Webster, East Newmarket, Md. 2,000 c’s No. 3 Standard Tomatoes at 77^c per dozen f. o. b. Cambridge, Md. Cash less 1 yi % in ten days from prompt shipment. Buyers labels to be put on…
2Cases cited8 opinions
- Baltimore Belt Railroad v. SattlerCourt of Appeals of Maryland · 1905
- McGrath v. GegnerCourt of Appeals of Maryland · 1893
- John Hancock Mutual Life Insurance v. MooreMichigan Supreme Court · 1876
- Kimball & Austin Manufacturing Co. v. VromanMichigan Supreme Court · 1877
- Ames v. QuimbySupreme Court of the United States · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fuentes v. TuckerCalifornia Supreme Court · 1947
- Enterprise Manufacturing Co. v. Oppenheim, Oberndorf & Co.Court of Appeals of Maryland · 1911
- Car-Freshner Corporation v. Marlenn Products CompanyDistrict Court, D. Maryland · 1960
- S. J. Van Lill Co. v. Frederick City Packing Co.Court of Appeals of Maryland · 1928
- Hazel Hill Canning Co. v. Roberts Bros.Court of Appeals of Maryland · 1916
4 more not listed; retrieve them via the Exa API.