Dyer v. Libby
Supreme Judicial Court of Maine
Motion foii new teial and Exception. Assumpsit on an account for hay ; plea, the general issue. The plaintiff testified that he met Mr. Libby on board of the cars and agreed to sell him this hay ; that the plaintiff was to haul the hay to Freeport depot and get twenty-five dollars a ton for it; “ he (Libby) was to press the hay, and furnish press, and pay me twenty-five dollars a ton, and I was to haul it to Freeport. I was to furnish withes and binders.”
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Motion foii new teial and Exception. Assumpsit on an account for hay ; plea, the general issue. The plaintiff testified that he met Mr. Libby on board of the cars and agreed to sell him this hay ; that the plaintiff was to haul the hay to Freeport depot and get twenty-five dollars a ton for it; “ he (Libby) was to press the hay, and furnish press, and pay me twenty-five dollars a ton, and I was to haul it to Freeport. I was to furnish withes and binders.” This was on the 16th of February, 1865 ; on the 22d the parties met in the road and rehearsed the bargain, “so that there would be no…
1Opinion of the CourtWaltost, J.
The defendant moves to have the verdict set aside, as against evidence. He contends that the evidence is insufficient to warrant the jury in finding that the hay sued for was delivered. As the action is in form for goods sold and-delivered, it was essential for the plaintiff to prove an actual delivery to, and acceptance by, the defendant, or the action could not be maintained. It appears that the hay was taken from the plaintiff’s mow by men employed and paid by the defendant. It was pressed, put into bands, weighed, and branded with the defendant’s name. These acts were sufficient to…
2Cited by6 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- McElwee v. Metropolitan Lumber Co.Court of Appeals for the Sixth Circuit · 1895
- Gianelli v. Globe Grain & Milling Co.California Court of Appeal · 1920
- Fiddyment v. JohnsonCalifornia Court of Appeal · 1912
- Griswold, Pearl & Co. v. ScottSupreme Court of Vermont · 1894
1 more not listed; retrieve them via the Exa API.