Clark v. Jones
Tennessee Supreme Court
FROM SHELBY. Appeal from tbe Chancery Court at Memphis. W. W. McDowell, Ch.
1Opinion of the CourtFreeman, J.
Complainant charges that he purchased at Madison, Indiana, a pair of match mares of one Martin Mullen, as agent of respondent, in pursuance of the following telegram:
Memphis, Tennessee, August 25, 1877.
Thos. Clark, care of Marlin Wade & Son, Madison, Indiana:
If you can buy the pair of match mares from Mullen at $300, buy them if guaranteed sound and safe for family use. Ship them first boat, payable on delivery. Answer quick. R. S. Jones.
He claims to have followed instruction, bought the mares, “they being guaranteed by Mullen sound and safe for family use.”
Jones failed to pay on delivery; in…
2Cases cited2 opinions
- Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
- Powell v. TrusteesNew York Supreme Court · 1822
3Cited by3 opinions
- Butler v. Continental Oil Co.Court of Appeals of Texas · 1944
- Adams v. North Range Iron Co.Supreme Court of Minnesota · 1934
- Carsey v. First National Bank of ClarksvilleCourt of Appeals of Tennessee · 1929