Saville, Somes & Co. v. Welch
Supreme Court of Vermont
Assumpsit. Heard on a referee’s report, June Term, 1886, Ross, J., presiding. Judgment for the defendant. The master found: “ One Wilson, then and now selling goods as travelling agent for Saville, Somes & Co., on the 19th of October, 1882, sold a bill of goods to J. C. Ide. A portion of this bill was to fall due in 30 days, which was paid by said J. C. Ide when it fell due.
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Assumpsit. Heard on a referee’s report, June Term, 1886, Ross, J., presiding. Judgment for the defendant. The master found: “ One Wilson, then and now selling goods as travelling agent for Saville, Somes & Co., on the 19th of October, 1882, sold a bill of goods to J. C. Ide. A portion of this bill was to fall due in 30 days, which was paid by said J. C. Ide when it fell due. The balance, which was a chest of tea, price $24.64, was due in four months, and is the matter in controversy in the suit. Wilson had sold J. C. Ide goods prior to this date, but he was at that time owing Saville, Somes &…
1Opinion of the Court
*687The opinion of the court was delivered by
Veazey, J.
Under the transaction between the plaintiffs and Ide the title to the tea remained in the plaintiffs. They did not sell to Ide, but were led to suppose by Ide’s fraud that they sold to Welch. But there was no sale to him because he did not authorize Ide to buy for him. The plaintiffs, however, have brought assumpsit against Welch and claim to recover on the ground that he ratified the unauthorized act of Ide. This claim falls because Welch did not know the goods were bought on his credit. Subsequently to the transaction Welch received a bill…
2Cases cited6 opinions
- Waterman v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1858
- White v. LangdonSupreme Court of Vermont · 1858
- Burnap v. PartridgeSupreme Court of Vermont · 1830
- Strong v. EllsworthSupreme Court of Vermont · 1854
- Kidney v. PersonsSupreme Court of Vermont · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lyndon Mill Co. v. Lyndon Literary & Biblical InstitutionSupreme Court of Vermont · 1891
- French v. RobbinsCalifornia Supreme Court · 1916
- Smith v. Badlam and AndersonSupreme Court of Vermont · 1940
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1922
- McKay v. DarlingSupreme Court of Vermont · 1893
2 more not listed; retrieve them via the Exa API.