Birdsong v. E. M. Slayton Co.
Supreme Court of New Hampshire
Assumpsit, for the price of a carload of beans. Trial by jury and verdict for the defendant. It appeared in evidence that prior to April 6, 1917, the defendant, through its manager, E. M. Slayton, had purchased Chilean beans, known as Bayos, from the plaintiffs and had insisted upon and received a high grade of goods. On that day he wrote them: “If you have No. 1 quality of Bayos to offer from the new crop, write or wire us.”
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Assumpsit, for the price of a carload of beans. Trial by jury and verdict for the defendant. It appeared in evidence that prior to April 6, 1917, the defendant, through its manager, E. M. Slayton, had purchased Chilean beans, known as Bayos, from the plaintiffs and had insisted upon and received a high grade of goods. On that day he wrote them: “If you have No. 1 quality of Bayos to offer from the new crop, write or wire us.” May 2, they replied that the old crop was exhausted but that they could offer him up to fifty tons from the May-June shipment. He replied May 3, “Book twenty tons Bayos…
1Opinion of the Court
Pe^slee, J.
The plaintiffs base their claim for a directed verdict upon the proposition that the evidence showed there are no grades of Bayo beans known to the trade, that there was no warranty that the beans sold should equal previous shipments, or the sample sent to the defendant, and that as the defendant formally objected upon these grounds only it cannot, now that suit has been brought, change its defence and base its refusal to accept upon the ground that the beans were not merchantable. The authorities upon this question are conflicting. 23 R. C. L. 1435. It is not necessary however to…
2Cited by1 opinion
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