Golden v. White
District of Columbia Court of Appeals
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover a balance alleged to be due for apples purchased from plaintiff. The Court in the opinion stated the facts as follows: This is a suit on a parol agreement for a balance alleged to be due from Golden & Company, appellant, defendant below, for apples purchased from plaintiff, Elijah B. White.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover a balance alleged to be due for apples purchased from plaintiff. The Court in the opinion stated the facts as follows: This is a suit on a parol agreement for a balance alleged to be due from Golden & Company, appellant, defendant below, for apples purchased from plaintiff, Elijah B. White. The terms of the contract, as stated in the declaration, are substantially that on or about the 24th day of September, 1909, defendant bought of plaintiff all the…
1Opinion of the CourtJustice Van Orsdel
The evidence adduced by plaintiff supported the allegations of the declaration, and was apparently accepted by the jury, which disposes of the issues of fact. The trial justice was liberal in submitting by proper instructions the issues of fact to the jury. Hence, the appeal can be disposed of upon a single question of law.
The jury found from the evidence that defendant, by its agents, superintended the packing of the apjdes in the barrels at the orchard, and réceived them at the cars, and attended to placing the barrels in the cars. This gave defendant ample opportunity to inspect the fruit…
2Cases cited5 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Brownlee v. BoltonMichigan Supreme Court · 1880
- Moore v. McKinlay & GarriochCalifornia Supreme Court · 1855
- Barker v. TurnbullAppellate Court of Illinois · 1894
- Field v. SchusterSuperior Court of Pennsylvania · 1904