Bixler v. Wright
Supreme Judicial Court of Maine
Action of assumpsit to recover $192.00 for goods claimed to have been sold defendant under a written contract. Defendant filed a plea of general issue, and also brief statement alleging that the contract on which plaintiff had declared was procured from the defendant by misrepresentation and fraud of plaintiff’s agent and that said contract was therefore void.
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Action of assumpsit to recover $192.00 for goods claimed to have been sold defendant under a written contract. Defendant filed a plea of general issue, and also brief statement alleging that the contract on which plaintiff had declared was procured from the defendant by misrepresentation and fraud of plaintiff’s agent and that said contract was therefore void. At the close of testimony, verdict was directed for plaintiff by Justice presiding, to which ruling defendant filed exceptions. It being further stipulated by the court, all parties agreeing thereto, that in case the exceptions should…
1Opinion of the CourtSavage, C. J.
Action to recover the price of certain goods sold to the defendant in accordance with a written order signed by him. At the conclusion of the evidence, the presiding Justice directed a verdict for the plaintiff, and the defendant excepted. It was stipulated by the parties that if the exceptions are sustained, judgment shall be-entered for the defendant.
It is evident that the action is misconceived. The goods were shipped to the defendant, but were never accepted by him. In such a case the seller’s remedy is not a suit for the price, but a special action for breach of the implied contract to…
2Cases cited9 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Linington v. StrongIllinois Supreme Court · 1883
- Western Manufacturing Co. v. CottonCourt of Appeals of Kentucky · 1907
- Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
- Maxfield v. SchwartzSupreme Court of Minnesota · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Letellier v. SmallSupreme Judicial Court of Maine · 1979
- In Re McDonnell's EstateArizona Supreme Court · 1947
- Peter W. Kero, Inc. v. Terminal Construction Corp.Supreme Court of New Jersey · 1951
- Federal Land Bank of Omaha v. HouckSouth Dakota Supreme Court · 1942
- Brawn v. Oral Surgery AssociatesSupreme Judicial Court of Maine · 2003
9 more not listed; retrieve them via the Exa API.