Dodge v. Waterman
Supreme Court of New Hampshire
Assumpsit, for certain articles of machinery sold and delivered, commenced April 22,1854. A witness for the plaintiff testified that, as agent for the defendant, he called on the plaintiff, and examined the machinery, and agreed upon the price, but did not conclude the contract, and told the plaintiff he would meet him at the defendant’s, in Providence ; that he and the plaintiff agreed on the price, but that the terms of payment were to be fixed by the parties ; that he met…
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Assumpsit, for certain articles of machinery sold and delivered, commenced April 22,1854. A witness for the plaintiff testified that, as agent for the defendant, he called on the plaintiff, and examined the machinery, and agreed upon the price, but did not conclude the contract, and told the plaintiff he would meet him at the defendant’s, in Providence ; that he and the plaintiff agreed on the price, but that the terms of payment were to be fixed by the parties ; that he met the plaintiff at the defendant’s, and the conversation between the parties was as follows : The defendant asked the…
1Opinion of the CourtPerley, C. J.
We see nothing in the evidence reported from which it would have been competent for the jury to find that the goods were obtained by fraud,- and there is no conflict in the evidence as to the contract on which the machinery was delivered. The bargain was for a sale on credit, and the defendant was to give his note, payable in six months. The machinery was afterwards delivered without any evidence of a new bargain, without taking the note, and without any offer or demand of it.
It is contended on the part of the plaintiff, that inasmuch as the agreement was for credit on the defendant’s note,…
2Cases cited9 opinions
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- Willson v. ForeeNew York Supreme Court · 1810
- Manufacturers' & Mechanics' Bank v. GoreMassachusetts Supreme Judicial Court · 1818
- Corlies v. GardnerThe Superior Court of New York City · 1829
- Yale v. CoddingtonNew York Supreme Court · 1839
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