Cocker v. Franklin Hemp & Flax Manuf'g Co.
U.S. Circuit Court for the District of Massachusetts
At law. Assumpsit [by Robert Cocker & Co. against the Franklin Hemp & Flax Manufacturing Company]. There were several counts in the declaration. (1.) On an account annexed, for $2,157.97. (2.) Money counts. (3.) Special count, for not accepting certain articles (gill pins), made by the plaintiffs at the request of the defendants. Plea, general issue.
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At law. Assumpsit [by Robert Cocker & Co. against the Franklin Hemp & Flax Manufacturing Company]. There were several counts in the declaration. (1.) On an account annexed, for $2,157.97. (2.) Money counts. (3.) Special count, for not accepting certain articles (gill pins), made by the plaintiffs at the request of the defendants. Plea, general issue. At the trial, ifappeared, that, on the 13th of July, 1836, an order or contract had been entered into at Boston, by the agent of the plaintiffs (who were manufacturers at Hathersage, Sheffield, England), with the agents of the defendants, a…
1Opinion of the Court
STORY, Circuit Justice,
in summing up to the jury, said:
The contract or order, under which these gill pins were to be furnished, does not specify any time at which they were to be delivered. The result of this omission isr that the law treats the contract, as if it had expressly stated, that they were deliverable within a reasonable time. No evidence,, therefore, could properly be admissible to prove a specific time, at which they were to be delivered; for that would be to contradict and vary the legal construction of the instrument. But the parol evidence was admitted of the conversations, to…
2Cited by18 opinions
- Drake v. GoreeSupreme Court of Alabama · 1853
- Echols v. New Orleans, Jackson & Great Northern RailroadMississippi Supreme Court · 1876
- Alford v. CreaghAlabama Court of Appeals · 1913
- Hamilton v. Phoenix Ins. Co. of HartfordCourt of Appeals for the Sixth Circuit · 1894
- Sullivan v. New York & Rosendale Cement Co.New York Court of Appeals · 1890
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