Dr. A. P. Sawyer Medicine Co. v. Johnson
Massachusetts Supreme Judicial Court
Contract to recover $63 for goods sold and delivered according to the terms of. a written order. Writ, in the Municipal Court where the action was brought, dated March 14, 1898. In the Superior Court, to which the case came by appeal, at the trial before Hopkins, J., the following facts appeared. The order was as follows : “ Dr. A. P. Sawyer Med. Co., 161 Colorado avenue, Chicago.
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Contract to recover $63 for goods sold and delivered according to the terms of. a written order. Writ, in the Municipal Court where the action was brought, dated March 14, 1898. In the Superior Court, to which the case came by appeal, at the trial before Hopkins, J., the following facts appeared. The order was as follows : “ Dr. A. P. Sawyer Med. Co., 161 Colorado avenue, Chicago. Salesman S. H. K. date sold Nov. 3, ’97. . . . Please ship the following order through any jobber or direct, which we agree not to countermand. Date billed 11 — 10—97. . . . “ Terms 30 days. 1|- per cent discount in…
1Opinion of the CourtHammond, J.
This is an action for goods sold and delivered. The goods were sold on thirty days’ credit, and the plaintiff was to ship them at Chicago, freight prepaid. The goods, duly marked with the name of the defendants and their place of business, were delivered on November 10, 1898, to a common carrier in Chicago, and a receipt therefor taken by the plaintiff in its own name. ' This receipt was merely temporary in its character, and recited that it was to be surrendered in exchange for the carrier’s bill of lading “ of the form now in’ use.” This temporary receipt never was given up and no bill of…
2Cases cited3 opinions
- First National Bank v. CrockerMassachusetts Supreme Judicial Court · 1872
- Wigton v. BowleyMassachusetts Supreme Judicial Court · 1881
- Frank v. HoeyMassachusetts Supreme Judicial Court · 1880
3Cited by8 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Shohfi v. RiceMassachusetts Supreme Judicial Court · 1922
- Arons v. CummingsSupreme Judicial Court of Maine · 1910
- Rock Glen Salt Co. v. SegalMassachusetts Supreme Judicial Court · 1918
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