Wheelhouse v. Parr
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for goods sold and delivered. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows: The plaintiff is a tanner, currier, and leather, merchant, having his place of business at Brighouse, England. The defendant is a manufacturer of leather belting in Lowell, in this Commonwealth.
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Contract, upon an account annexed, for goods sold and delivered. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows: The plaintiff is a tanner, currier, and leather, merchant, having his place of business at Brighouse, England. The defendant is a manufacturer of leather belting in Lowell, in this Commonwealth. On November 3, 1882, the defendant sent to the plaintiff, by mail, an order for leather goods, with instructions to “ ship to care of D. & C. Mclver, shipping merchants, Liverpool, as…
1Opinion of the CourtDevens, J.
When goods ordered and contracted for are not directly delivered to the purchaser, but are to be sent to him by the vendor, and the vendor delivers them to the carrier, to be transported in the mode agreed on by the parties or directed by the purchaser, or, when no agreement is made or direction given, to be transported in the usual mode; or when the purchaser, being informed of the mode of transportation, assents to it; or when there have been previous sales of other goods, to the transportation of which in a similar manner the purchaser has not objected, — the goods, when delivered to the…
2Cases cited4 opinions
- Foster v. RockwellMassachusetts Supreme Judicial Court · 1870
- Wigton v. BowleyMassachusetts Supreme Judicial Court · 1881
- Odell v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1871
- Whiting v. FarrandSupreme Court of Connecticut · 1814
3Cited by14 opinions
- St. John Brothers Co. v. FalksonMassachusetts Supreme Judicial Court · 1921
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
- United States v. Adams Exp. Co.District Court, S.D. Iowa · 1902
- Smith v. Farbenfabriken of Elberfeld Co.Court of Appeals for the Sixth Circuit · 1913
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