Henkel v. Welsh
Michigan Supreme Court
Error to Wayne. Assumpsit by Welsh, a New York merchant, for the price of thirty half-barrels of herring sold to Henkel, a merchant at Detroit.
Read the full summary
Error to Wayne. Assumpsit by Welsh, a New York merchant, for the price of thirty half-barrels of herring sold to Henkel, a merchant at Detroit. Henkel gave evidence tending to show that the herring were stowed when received, in a cool cellar where they would, have remained good for months if in good condition when placed there, but that in about a week after they were received, some packages were examined and the fish were found to be soft and unfit for use, of which fact the local merchandise broker who had negotiated the sale and who had been for some -time in Welsh’s employment, was…
1Opinion of the CourtCooley, J.
We are not quite satisfied that it was necessary for Henkel to introduce evidence that according to the usage of the business the receipt of the fish and putting them in his cellar was no waiver of objections that might subsequently be found to exist in point of quality or of variance from orders. Indeed a usage that should require a dealer at his peril to open and examine every package before' receiving it would be so burdensome and unreasonable that we might well say no one could be bound by it. It would be fixing a condition to a. business which would almost preclude its successful…
2Cited by2 opinions
- Rogers v. BabcockMichigan Supreme Court · 1905
- Singer v. ChurchCourt of Appeals for the D.C. Circuit · 1918