Morrissette v. Boiseau

CAYTON, Chief Judge.

This case has 'been tried twice and appealed twice. The litigation began in De cember, 1948 when appellant, a warehouseman, was sued for failure to redeliver to a customer a barrel of china which was part of a lot of household goods stored with the warehouseman. At the first trial in September, 1950, it developed that some four or five months earlier the defendant had located the barrel and offered to send it to California (where the rest of the goods had been shipped) at his own expense, but that he attached to this offer the condition that plaintiff first dismiss the…