Hale v. Taylor
Supreme Court of New Hampshire
Assumpsit on the following written contract: "On or before the 1st day of March next, for value received, I promise to pay Samuel W. Hale, or bearer, 12,000 feet of merchantable clapboards to be delivered at Fairlee Depot, Vt., to' be inspected by inspector in Dalton, N. H. JOSEPH P. TAYLOE.” Orford, N. H. Sep. 10, 1858. Between nine and ten thousand feet of clapboards, partly merchantable and partly better than merchantable, were sent by the defendant to Fairlee Depot.
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Assumpsit on the following written contract: "On or before the 1st day of March next, for value received, I promise to pay Samuel W. Hale, or bearer, 12,000 feet of merchantable clapboards to be delivered at Fairlee Depot, Vt., to' be inspected by inspector in Dalton, N. H. JOSEPH P. TAYLOE.” Orford, N. H. Sep. 10, 1858. Between nine and ten thousand feet of clapboards, partly merchantable and partly better than merchantable, were sent by the defendant to Fairlee Depot. One Alvin Taylor notified the plaintiff that the clapboards, or that some clapboads, were at the depot, and the plaintiff…
1Opinion of the CourtBartlett, J.
The clapboards sent by the defendant to the depot were less in quantity than those specified in the contract, and in part of a different quality, and therefore the plaintiff was not bound to accept them. 2 Parsons’ Con. 163; Chit. Con. 903. Under these circumstances the mere fact that the plaintiff did not within a reasonable time notify the defendant that he did not accept them would no more in law amount to an acceptance or render the plaintiff liable for these clapboards than would a similar omission of notice in case the defendant had chosen to send to the depot any article entirely…
2Cases cited8 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Lawrence v. Ocean InsuranceNew York Supreme Court · 1814
- Murray v. BethuneNew York Supreme Court · 1828
- Gates v. LounsburyNew York Supreme Court · 1823
- New-York Firemen Insurance v. LawrenceCourt for the Trial of Impeachments and Correction of Errors · 1816
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