Hilliard v. Weeks
Massachusetts Supreme Judicial Court
Contract, to recover $318.60, the price of certain soles sold by the plaintiff to the defendant. Trial in the Superior Court, without a jury, before Richardson, J., who found for the plaintiff in the sum of $50.71; and the plaintiff alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action to recover the price of some soles, purchased of the plaintiff by the defendant. The dispute is over the right of the defendant to return light soles found among the goods. The defendant testified that he bought the soles from the plaintiff’s salesman,one Parrott,upon the express' condition that when he came to use the soles he could throwout the light ones and the plaintiff would replace them. Parrott’s authority is disputed, but the plaintiff admitted in his testimony that Parrott had to use some independent judgment, and at all events the plaintiff must take the bargain…
2Cases cited1 opinion
- Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
3Cited by4 opinions
- Armstrong v. OrlerMassachusetts Supreme Judicial Court · 1915
- Vohland v. GelhaarWisconsin Supreme Court · 1908
- Kennedy v. RussellMassachusetts Supreme Judicial Court · 1932
- Emerson v. Associated Gas & Electric Co.New York Supreme Court · 1933