Lord v. French
Supreme Judicial Court of Maine
On motion eoe new TRIAL. Assumpsit to recover for breach of a contract entered into October 20, 1867, between the plaintiff and defendants’ intestate to sell the plaintiff a stock of goods “ at the prices of said goods now in Boston, price to be settled and delivery given on or before the tenth of November,” 1867. The alleged breach was that the vendor falsely represented to the plaintiff that the Boston prices of those goods, Oct. 20, 1867, were $1,500, whereas in fact they…
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On motion eoe new TRIAL. Assumpsit to recover for breach of a contract entered into October 20, 1867, between the plaintiff and defendants’ intestate to sell the plaintiff a stock of goods “ at the prices of said goods now in Boston, price to be settled and delivery given on or before the tenth of November,” 1867. The alleged breach was that the vendor falsely represented to the plaintiff that the Boston prices of those goods, Oct. 20, 1867, were $1,500, whereas in fact they were but $1,000. The representation was made by preparing and delivering an inventory to the plaintiff with prices…
1Opinion of the CourtAppleton, C. J.
This is a motion for a new trial. As no exceptions are taken to the instructions given, we must assume that they were correct and embraced all the questions of law arising in the case.
It seems the plaintiff on the twenty-eighth day of October, 1867, agreed to purchase of the defendants’ intestate, Hezekiah Means, “ the goods now in the (his) store, at the prices of said goods now in Boston, prices to be settled and delivery given on or before the tenth day of November next.” A bill of the goods was made out by Means and settled for by the plaintiff. As the bill was. made out by Means it was…
2Cited by5 opinions
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