Hills v. Snell
Massachusetts Supreme Judicial Court
Contract on an account annexed, dated December 13, 1867, for the price of twenty-eight barrels of flour at $7 per barrel, making a total of $196; with a count for the same cause of action, alleging that the plaintiffs “ on December 13,1867, by accident and mistake delivered to the defendant twenty-eight barrels of flour of a higher grade, quality and cost than that to which he was entitled; that the defendant well knew the kind and quality and cost of the flour he was…
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Contract on an account annexed, dated December 13, 1867, for the price of twenty-eight barrels of flour at $7 per barrel, making a total of $196; with a count for the same cause of action, alleging that the plaintiffs “ on December 13,1867, by accident and mistake delivered to the defendant twenty-eight barrels of flour of a higher grade, quality and cost than that to which he was entitled; that the defendant well knew the kind and quality and cost of the flour he was entitled to and was to receive, and well knew that the flour received by him was of a higher cost and value than and not the…
1Opinion of the CourtWells, J.
The defendant acquired no title to the flour delivered to him by mistake. He had no contract of purchase with the owner, nor with the plaintiffs, who were bailees of the owner. If he had received it with knowledge of the mistake, or used it after notice thereof, he would have been liable for the conversion. But, under the instructions of the court, the jury must have found that the defendant was not chargeable with notice oi knowledge that the. flour delivered was not the same he had bought; and that he used it in good faith, deriving no benefit from the plaintiffs’ mistake. No demand appears…
2Cases cited3 opinions
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Hoffman v. CarowNew York Supreme Court · 1838
- Courtis v. CaneSupreme Court of Vermont · 1859
3Cited by36 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Pease v. . SmithNew York Court of Appeals · 1875
- Woods v. AyresMichigan Supreme Court · 1878
- Moore v. ShieldsIndiana Supreme Court · 1889
- Bearce v. BowkerMassachusetts Supreme Judicial Court · 1874
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