Concord Coal Co. v. Ferrin
Supreme Court of New Hampshire
Assumpsit, for the price of a ton of coal. Facts found, and case transferred from the October term, 1900, of the supreme court, by Blodgett, C. J. One Bean, being indebted to the defendants for labor upon a model of an appliance invented by Mm, and having been requested to make payment, informed the defendants that one of the plaintiffs, Day, was backing him, and that he would get the plaintiff company to furnish a ton of coal for application as payment upon his…
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Assumpsit, for the price of a ton of coal. Facts found, and case transferred from the October term, 1900, of the supreme court, by Blodgett, C. J. One Bean, being indebted to the defendants for labor upon a model of an appliance invented by Mm, and having been requested to make payment, informed the defendants that one of the plaintiffs, Day, was backing him, and that he would get the plaintiff company to furnish a ton of coal for application as payment upon his indebtedness; and the defendants agreed to accept a ton of coal in part payment. Bean thereupon informed the plaintiffs that the…
1Opinion of the CourtParsons, J.
Both parties understood that upon the delivery of the coal the title passed to the defendants. Their misunderstanding related solely to the mode of payment. The plaintiffs understood the defendants were to pay them the customary price, and charged the coal to them. The defendants understood the coal was delivered as a payment upon Bean’s indebtedness to them, and credited it upon his account. The plaintiffs understood their delivery was of coal to be paid for in cash in the ordinary course of business. The defendants understood their acceptance W'as of coal for which they had already paid. To…
2Cases cited2 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
3Cited by8 opinions
- McGinley v. Maine Central RailroadSupreme Court of New Hampshire · 1919
- Elliot Hospital v. TurcotteSupreme Court of New Hampshire · 1918
- Horgan v. IndartNevada Supreme Court · 1917
- McConnell v. McConnellSupreme Court of New Hampshire · 1909
- Cox v. CoxSupreme Court of New Hampshire · 1904
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