Whiting v. Farrand
Supreme Court of Connecticut
THIS was an action of assumpsit for books sold and delivered by the plaintiffs to the defendants, in pursuance of a written contract previously entered into between the parties. The cause was tried at New-Haven, January term, 1814, before Reeve, Trumbull, and Ingersoll, Js. The contract produced on the trial was in substance as follows.
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THIS was an action of assumpsit for books sold and delivered by the plaintiffs to the defendants, in pursuance of a written contract previously entered into between the parties. The cause was tried at New-Haven, January term, 1814, before Reeve, Trumbull, and Ingersoll, Js. The contract produced on the trial was in substance as follows. By the 1st article, the plaintiffs engaged to purchase of the defendants 300 copies of Milner's Church History in four volumes 8vo. ; 100 copies of Taylor and Hampton on the Atonement in one volume 12mo. ; and 400 copies of Trumbull’s History of the United…
1Opinion of the Court
Swift J.
This was an action to recover payment for books contracted to be delivered to the defendants. It appears that the books were shipped from New-York for Boston by a packet in the usual course of trade, but were lost on the passage. The defendants, in the first place, contend, that the books were at their risk, and they are not liable for the loss.
Where a contract is made for the sale of goods which are not delivered, but are to be sent to the purchaser, if the vendor send them in the mode of conveyance agreed on by the parties, or directed by the purchaser ; or if no agreement be *64made…
2Cited by4 opinions
- Wheelhouse v. ParrMassachusetts Supreme Judicial Court · 1886
- Clement v. ClementWisconsin Supreme Court · 1887
- Garretson v. SelbySupreme Court of Iowa · 1873
- Kimmel v. State ex rel. Anderson Banking Co.Indiana Court of Appeals · 1920